If you’re planning construction that involves a shared wall, boundary, or adjoining structure, it’s important to understand your obligations under the Party Wall etc. Act 1996.
A question we hear often is: Can I decide adjoining owner notice response?
The short answer: No — the choice is theirs. Here’s why.
The Party Wall Process Explained
When you serve a formal Party Wall Notice, your neighbour (the “adjoining owner”) has three legally protected options:
- Consent to the Notice
They agree to the works, and no further action is needed. This is the simplest, fastest, and most cost-efficient route. - Dissent and Use an Agreed Surveyor
Both parties appoint a single impartial surveyor to act for both sides. - Dissent and Appoint Their Own Surveyor
Your neighbour selects their own surveyor, which results in a two-surveyor process.
Who Gets to Decide?
Once you’ve served notice, your neighbour has the legal right to choose their response. Even though you, as the building owner, typically pay the reasonable costs of the Party Wall process, you cannot influence or dictate their choice.
This safeguard ensures the process remains fair and impartial, especially if they have concerns about your proposed works.
What Costs Will You Cover?
If your neighbour dissents and chooses their own surveyor, you’ll generally be responsible for:
- The fees of their appointed surveyor.
- The costs of an Agreed Surveyor (if both parties go that route).
All charges must be reasonable and consistent with industry standards. If there’s a dispute over fees, a third surveyor may step in to make a ruling.
How to Keep the Process Smooth
While you can’t control your neighbour’s decision, you can create the conditions for a cooperative outcome:
- Start the conversation early — discuss your plans before sending the notice.
- Be transparent — include full project details, timelines, and impacts in the notice.
- Show goodwill — reassure them you’ll minimise disruption and comply with all legal obligations.
Key Takeaway
The Party Wall etc. Act 1996 empowers your neighbour to decide how they wish to proceed, even if you’re footing the bill. By respecting their rights, maintaining open communication, and using a professional surveyor, you can complete your project with fewer delays and disputes.
For clear, compliant, and cost-effective Party Wall advice — including free technical drawing checks and professionally drafted notices with no upfront payment — email team@simplesurvey.co.uk, the UK’s most affordable Party Wall surveyors.