Whether you need to serve a Party Wall Notice or you’ve just been handed one, getting this first step right will save time, cost, and stress later.
A Party Wall Notice is more than a courtesy letter—it’s a legal instrument that triggers statutory timelines and sets the stage for any Party Wall Award that authorises works and protects neighbours.
Below is a practical, plain-English guide to help Building Owners and Adjoining Owners get the most from the process.
1) Treat the Notice like what it is: a legal notice
A valid Party Wall Notice should clearly set out:
- Who is serving (full name and address of the Building Owner).
- Where the works are (the address of the works).
- What is proposed (a clear, specific description of the notifiable works).
- Which section(s) of the Act apply (Section 1 new walls at/astride the boundary; Section 2 works to a party wall/party structure/party fence wall; Section 6 excavations within 3–6m and deeper than your neighbour’s foundations).
- When the works are intended to start (observing the minimum notice periods).
- Drawings where required (especially for Section 6 excavations).
- How you may respond (the three statutory response options).
If you’re serving: make it precise, complete and compliant.
If you’ve received one: check every item above is present and understandable.
2) Understand the three response options (and their consequences)
You have only three lawful responses. If a form buries or “re-words” these, you can still choose any of them.
- Consent
- You agree the works may proceed through the lens of the Act without an Award.
- The Building Owner keeps primary responsibility to avoid damage and make good.
- Changing your mind later is possible only before works commence and only where there’s a genuine, Act-related issue—expect pushback and delay. Most surveyors won’t support a late “conversion” unless the facts justify it.
- Dissent and appoint your own surveyor
- You appoint an Adjoining Owner’s Surveyor; the Building Owner appoints their surveyor.
- The two surveyors select a Third Surveyor (held in reserve).
- A Party Wall Award will be agreed, setting the time and manner of works, protections, access, damage resolution, etc.
- Fees: Typically paid by the Building Owner, so you can access professional input without a bill (save for rare exceptions where an owner acts unreasonably).
- Dissent and appoint an Agreed Surveyor
- A single, impartial Agreed Surveyor acts for both owners and makes the Award.
- Faster and usually cheaper, but there’s no built-in second pair of eyes or Third Surveyor tribunal. Choose the surveyor carefully.
Important: Once a surveyor is validly appointed in writing, you can’t sack them. They can only step down if they declare themselves incapable of acting, or if they pass away. Choose wisely.
3) Respond on time (or a surveyor may be appointed for you)
- Initial response period: 14 days from receipt of the Notice.
- No reply? The Building Owner may serve a further 10-day notice requiring you to appoint a surveyor; if you still don’t respond, a surveyor can be appointed on your behalf under the Act.
- You can’t swap a surveyor who has been appointed for you without their agreement to step aside—so responding on time preserves your choice.
4) Know the minimum lead-times (to plan programmes sensibly)
- Section 1 & Section 6 Notices: minimum 1 month before works.
- Section 2 Notices: minimum 2 months before works.
- Allow practical float for surveyor appointments, Award drafting, and any engineering clarifications.
5) Common pitfalls—and how to avoid them
- Vague work descriptions → Ask for clarity or drawings (particularly for excavations).
- Wrong recipient (e.g., served only on a tenant) → All owners (freeholder/long leaseholder/sub-leaseholders >1 year) must be notified.
- Incorrect service → Notices must be served in line with Section 15 (e.g., by post, by hand, affixing to the premises, or by email only where electronic service is expressly agreed).
- Assuming consent → Never assume silence equals consent; it doesn’t.
- DIY shortcuts → A defective Notice resets the clock. For important schemes, have a professional serve it.
6) Practical tips to “get the most” from your Notice stage
If you’re serving (Building Owner)
- Include clear drawings (plans/sections), method notes where relevant, and a realistic start window.
- Open a courteous dialogue with neighbours before service; it often improves outcomes (consent or agreed surveyor).
- Budget for likely costs if there’s a dissent (surveyors, possible advising engineer, protective measures).
If you’ve received (Adjoining Owner)
- Read it carefully and reply within 14 days; shortlist surveyors early if you may dissent.
- If concerned, ask the Building Owner/surveyor for clarifications in writing—don’t sit on questions.
- If you dissent, decide between your own surveyor or an Agreed Surveyor based on complexity and your comfort with a single point of determination.
Free Notice Check & Fixed Fees
Email your draft Notice (or a Notice you’ve received) to team@simplesurvey.co.uk.
We’ll flag validity issues, explain your options in plain English, and quote a fixed fee if you’d like us to act.
Simple, fixed nationwide costs (RICS-qualified)
| Service | What’s included | Fixed price* |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Drafting, legal validation, service & tracking | £25 |
| Agreed Surveyor Award | One impartial surveyor for both owners; Award drafting & service | from £300 |
| Building Owner’s Surveyor (two-surveyor route) | Liaison/negotiation, Award drafting & service | from £325 |
*Complex projects (e.g., basements/deep excavations, advising engineer, security for expenses, monitoring) may require specialist inputs. We identify all extras up-front.
Simple Survey — Nationwide • Fixed Fees • Experienced & RICS-qualified
FAQ
Q1: The Notice I received doesn’t list the three options—what do I do?
You still have the right to choose any of the three statutory responses (Consent; Dissent + your own surveyor; Dissent + Agreed Surveyor). Reply in writing with your chosen option.
Q2: I consented but now I’m uncomfortable—can I change to a dissent?
Sometimes—only before works start and where there’s a genuine Act-related reason. Expect debate and possible delay; many surveyors will only support a change where facts justify it.
Q3: Who pays the surveyors’ fees?
Ordinarily the Building Owner pays reasonable fees for both sides. Unreasonable conduct can affect cost apportionment, but that’s rare and fact-specific.
Q4: The Notice has the wrong owner name—does that matter?
Notices must be served on all relevant owners. Ask for it to be corrected and re-served if necessary to avoid validity issues later.
Q5: Can the Notice be emailed to me?
Only if you’ve agreed to electronic service. Otherwise, service should follow Section 15 methods (post, by hand, or affixing to the premises).
Q6: What if I ignore the Notice?
After 14 + 10 days without a response, a surveyor can be appointed on your behalf. You won’t be able to remove them later simply because you didn’t choose them.