If you’ve just received a Party Wall Notice and your neighbour hasn’t yet secured planning permission, it’s natural to wonder whether you can (or should) ignore it. The short answer: you shouldn’t ignore it. Under the Party Wall etc. Act 1996, the party wall process runs on a separate legal track from planning and building control. That means a Building Owner does not need planning permission in hand to validly serve a Party Wall Notice—and an Adjoining Owner is still expected to respond.
Party Wall vs Planning Permission: Two Different Laws
Planning permission deals with land use, design, appearance and local policy. The Party Wall Act deals with how certain construction operations that affect a shared or neighbouring structure are carried out, and how risks to the Adjoining Owner’s property are managed. One can be required without the other, and they often run in parallel.
Because they’re distinct regimes:
- A Party Wall Notice is not invalid simply because a planning decision is outstanding.
- As an Adjoining Owner, you still have statutory rights—and deadlines—under the Act.
Why Notices Can Be Served Before Planning
The Act is intended to facilitate development while protecting neighbours. It requires early notification and a framework for agreeing the time and manner of the works. Serving notice before planning is common for three practical reasons:
- Lead times: Party wall procedures, coordination, and Award drafting can take weeks. Starting early keeps a project on programme if planning is granted.
- Design influence: Surveyor input can highlight construction risks or methods that are better addressed before contractors are engaged.
- Risk management: Early engagement builds trust and reduces surprise—often preventing disputes later.
Your Obligations as an Adjoining Owner
Once served, you have 14 days to respond. Your choices are the same whether or not planning is in place:
- Consent in writing. Works can then proceed under the Act (after the statutory notice period and any other preconditions are met).
- Dissent and concur in an Agreed Surveyor. One impartial surveyor acts for both owners and issues the Party Wall Award.
- Dissent and appoint your own surveyor. Your surveyor and your neighbour’s surveyor will select a third surveyor as a back-stop and agree the Award.
If you do nothing within 14 days, the law treats it as a dissent and the surveyor route begins anyway. Ignoring the notice doesn’t make it go away; it just removes your say in who represents you.
“But Planning Might Be Refused—Isn’t This Premature?”
Two important points:
- Notices are time-limited. Party Wall Notices are generally valid for 12 months. If planning is ultimately refused or the scheme changes materially, the Award can be varied or new notices can be served for the revised design.
- Awards can include conditions. Where planning is pending, surveyors often include a clause that no notifiable works commence until planning/building control conditions relevant to method or design are satisfied. That keeps everyone protected without stalling the statutory process.
In other words, responding now protects your position without handing your neighbour a free pass to start digging.
Why You Shouldn’t “Hold Out” For Planning First
Waiting for planning before responding can backfire:
- Deadlines don’t pause. Your 14-day response period still runs, and a deemed dissent can lead to a surveyor being appointed on your behalf under section 10(4).
- You lose agency. Engaging early lets you raise practical requirements—access protocols, temporary protections, working hours for noisy operations, and more—inside the Award.
- You risk delay disputes later. If you only engage after planning is granted, you can become the bottleneck. Early cooperation helps avoid rushed decisions.
Building Owners: Why Serve Early?
If you’re the Building Owner, serving valid notices before planning can be smart—but only if they’re accurate. The party wall route is keyed to the construction method and the elements that affect the neighbour (e.g., cut-ins for steels, foundation depths, adjacent excavation). If your design is likely to change, keep notices focused on the works you’re confident will remain. If the scheme later changes materially (say, strip foundations to piled), be prepared to re-notify.
Typical Timings (Planning or Not)
- Notice periods:
- Section 2 (works to a party structure): 2 months before start
- Section 1 (new wall at the line of junction): 1 month
- Section 6 (adjacent excavation): 1 month
- Response time: Adjoining Owner has 14 days to respond (or it’s deemed a dissent).
- Award drafting: Depends on complexity and cooperation; often 2–6 weeks after surveyor appointment.
What If Planning Is Refused After an Award?
No problem. If works cannot lawfully proceed, they won’t. The Award can be superseded or a variation issued if a revised scheme is pursued. You haven’t prejudiced your planning case nor waived any party wall rights by engaging; you’ve simply stayed compliant and kept control.
Bottom Line
A Party Wall Notice is valid and actionable even if planning permission is outstanding. As an Adjoining Owner, you should still respond within 14 days and decide whether to consent or appoint surveyor(s). As a Building Owner, serving early can keep your project on track, provided the notice properly reflects the intended construction. Planning and party wall are separate tracks—treat them that way and you’ll avoid needless delay and dispute.
Need straight, practical advice?
Send the notice you’ve received (or plan to serve) to team@simplesurvey.co.uk for a free check. We’ll confirm validity, flag risks, and set out the fastest compliant route—with fixed fees and RICS-qualified surveyors.
Simple Survey — the most cost-effective party wall surveyors in England & Wales.