If you or your neighbour is planning construction work near or on a shared wall (known as a party wall), the Party Wall etc. Act 1996 requires a formal notice—and possibly the involvement of a Party Wall Surveyor. Whether you’re the building owner or the adjoining owner, understanding the process is crucial.
Here’s a quick guide to help you navigate the basics—including what happens when a dispute arises and how third surveyors come into play.
Why Do I Need to Serve a Party Wall Notice?
A party wall is any wall that straddles the boundary between two properties, and sometimes even garden walls (called party fence walls) fall under this category. If you’re planning building works—even close to but not directly on the wall—you are required to serve a Party Wall Notice on your neighbour.
How Can a Neighbour Respond to a Party Wall Notice?
There are three possible outcomes:
- ✅ Consent – Your neighbour agrees, and you may proceed with the works (often with a Schedule of Condition recorded first).
- ❌ Dissent – A dispute arises, triggering the formal appointment of Party Wall Surveyors for each party.
- 🚫 No Response – If your neighbour does not respond within 14 days, this is treated as dissent.
In the event of dissent, a Party Wall Award will be required—prepared by the appointed surveyors.
What If My Neighbour Begins Work Without a Party Wall Agreement?
If your neighbour starts construction without serving a proper Party Wall Notice, they may be in breach of the Act. You can:
- Issue a formal letter requesting they comply with the Party Wall etc. Act 1996.
- Instruct a Party Wall Surveyor to send it on your behalf.
- Take legal action, if necessary—our expert surveyors can advise.
What Is a Third Surveyor?
In disputes, each party appoints their own surveyor. However, the Act requires that both surveyors also agree on a third surveyor at the outset—just in case further disputes cannot be resolved.
🧱 The third surveyor is an impartial expert appointed in writing and only steps in if needed to make a final, legally binding decision.
Do Third Surveyors Always Get Involved?
Not always. In most cases, the two appointed surveyors will reach an agreement themselves. But if there is a serious dispute they cannot resolve, the third surveyor is called upon to:
- Review the facts
- Issue an independent Award
- Help resolve any additional claims (e.g. damage disputes)
Can a Third Surveyor Refuse the Role?
Yes. A third surveyor can decline the role, which is why surveyors usually propose multiple names. The individual must consent to act before being confirmed in writing.
What’s the Difference Between the Surveyors?
- Building Owner’s Surveyor – Appointed by the person carrying out the works.
- Adjoining Owner’s Surveyor – Appointed by the affected neighbour.
- Third Surveyor – A neutral expert selected to step in only if required.
All must act within the scope of the Party Wall etc. Act 1996 and maintain impartiality, regardless of who appointed them.
What Does a Party Wall Award Include?
A Party Wall Award outlines:
- What works are permitted
- How and when those works can proceed
- What protections must be in place
- Any compensation or damage repair agreements
This document is legally binding—and helps prevent future disputes.
How Much Do Party Wall Surveyors Cost?
Fees vary depending on the complexity of the works, property type, and number of surveyors involved. The Act states that all reasonable fees for drafting Awards are to be paid by the building owner (unless otherwise agreed).
For a clearer estimate, speak directly to one of our Party Wall experts.
We’re Here to Help
If you’re unsure about your rights, responsibilities, or how to proceed under the Party Wall etc. Act 1996, our experienced team of Party Wall Surveyors is ready to help.
📩 Get in touch today at team@simplesurvey.co.uk for FREE advice and fast, expert guidance.