A Party Wall Notice can feel intimidating, especially if it’s your first time seeing one. The letter looks formal, the timelines are tight, and the works next door might sound disruptive. Take a breath—most concerns are predictable and can be handled calmly within the framework of the Party Wall etc. Act 1996. Here are the questions and worries we hear most often from Adjoining Owners—and how to think about them.
1) “Do I have to engage with this?”
Yes. A Party Wall Notice isn’t a courtesy; it’s a legal notification. You have 14 days to respond in writing by either consenting or dissenting (and appointing an Agreed Surveyor or your own Surveyor). If you don’t reply, the law treats that silence as a dispute, and the Building Owner can trigger the dispute-resolution route without your input. Engaging early preserves your say in how things proceed.
2) “Is the notice even valid?”
A valid notice should say what is planned, where, when, and under which section(s) of the Act (Section 1, 2 or 6). For excavation notices, foundation plans/sections are required. Errors can and do happen—names misspelled, wrong addresses, missing sections, impossible start dates, etc. If something looks off, flag it promptly. Getting the paperwork right at the start avoids messy arguments later.
3) “Will my property be at risk?”
This is the heart of most concerns. The Act is there to facilitate building while protecting neighbours from unnecessary inconvenience and loss. If the works cause loss or damage, the Building Owner is responsible for making good or compensating under the Act. Where risk is higher (for example, deep excavations or major structural changes), it’s common to discuss method constraints, temporary protections, and—where appropriate—security for expenses (a monetary sum held to underwrite potential costs if something goes wrong).
4) “What if the noise and disruption are unbearable?”
No work is totally silent, but the time and manner of execution is controllable. Typical awards limit working hours, manage noisy operations, and set expectations around waste removal, dust control, and site conduct. You can raise specific concerns (for example, exam week, night-shift sleeping, medical needs) so reasonable accommodations can be built into the agreement.
5) “They’ve got planning permission—does that overrule me?”
No. Planning and the Party Wall Act are separate legal tracks. Planning considers land use and design; the Party Wall process governs how the notifiable construction interacts with shared structures and your property. Even if permission is granted, the Building Owner must still comply with the Act.
6) “Do I have to pay anything?”
In normal residential scenarios, the Building Owner pays the reasonable costs of administering the Act—whether there’s one Agreed Surveyor or two separate surveyors. You’re not expected to fund the process that enables your neighbour’s project. (There are edge cases—ask if you’re unsure—but “the builder pays” is the everyday position.)
7) “Should I consent or dissent?”
It depends on your confidence in the proposals and the complexity of the work:
- Consent if the risk is minimal and you’re comfortable with what’s proposed.
- Dissent with an Agreed Surveyor for a faster, simpler route with one impartial professional.
- Dissent with your own surveyor if you prefer independent representation or the scheme is complex/sensitive.
Remember: dissent does not mean “I’m anti-build”; it simply triggers a structured agreement so your interests are clearly protected.
8) “What if they change the design later?”
Significant design changes can require fresh notices or an addendum award, because the agreement is based on the specific works notified. If you hear about late alterations, raise it immediately so the paperwork can keep pace with reality.
9) “Can they come onto my land?”
The Act grants rights of access where genuinely necessary to carry out notifiable works—subject to reasonable notice and sensible safeguards (protection of paving/planting, temporary fencing, making good on departure, and so on). Access is not a blank cheque; it should be purpose-limited and time-bound.
10) “What if they start without serving notice?”
“No Notice, No Act.” If your neighbour skips the process and presses ahead with notifiable works, you may consider injunctive relief to pause the works, and any damage route would be via common law rather than the Party Wall mechanism. It’s usually quicker, cheaper, and calmer for both sides to bring the job back under the Act and regularise things promptly.
11) “How long will this all take?”
Statutory notice periods are 1 month (Sections 1 & 6) or 2 months (Section 2). If there’s dissent, the agreement phase adds time—how much depends on responsiveness, completeness of information, and the complexity of the works. Good communication speeds everything up.
12) “What if my neighbour’s surveyor is their mate?”
All appointed surveyors—whether Agreed or separate—must act impartially. With separate surveyors, there’s a built-in safeguard: the two surveyors select a Third Surveyor at the outset who can decide if they disagree. This system keeps everyone honest and decisions balanced.
13) “Can I appeal if I think the result is wrong?”
Either owner has 14 days from service of the award to appeal in the County Court on points of law. It’s a legal step—get proper advice before you go down that road. Most issues can be resolved faster by discussion or a targeted refinement of the terms.
14) “Do I lose my rights if I consent?”
No. Consent simply means you’re not asking for a formal award at that moment. If a specific dispute arises later connected to notifiable works, you can still seek to bring the issue under the Act. (That said, if the initial risk felt non-trivial, dissenting earlier often yields a clearer, calmer path.)
Sensible next steps for Adjoining Owners
- Read the notice carefully: sections cited, start dates, drawings (especially for excavations).
- Decide your route: consent, Agreed Surveyor, or your own surveyor—based on risk, complexity, and comfort.
- Communicate early: raise concerns and practical constraints upfront; clarity now prevents friction later.
- Keep it proportionate: ask for terms that address real risks without over-engineering the process.
Want calm, clear guidance—fast?
Simple Survey helps Adjoining Owners across England & Wales make confident decisions within the Party Wall Act. We’ll:
- Confirm whether the notice is valid and what it really means,
- Explain your response options (plain English, no pressure),
- Handle all paperwork and negotiations efficiently,
- Secure sensible terms and safeguards so you’re protected without delay.
Don’t sit on a notice—act on it.
Email team@simplesurvey.co.uk now with a photo/PDF of your notice and your postcode. We’ll reply quickly with clear next steps and a fixed, fair fee to represent your interests.