Choose the right option, protect your home, keep the project moving
Being served with a Party Wall Notice can feel daunting. The good news: the Party Wall etc. Act 1996 gives you clear, limited choices—and real protection when you use them well.
This simple guide walks you through what your options mean, how to decide, and what to do next to get the best outcome for your property and sanity.
Your legal choices (there are only three)
If a notice has arrived, you—the Adjoining Owner—have three response options. Even if the notice is badly worded or buries the choices, you’re still entitled to pick any one of these:
- Consent
- You agree the works may proceed without an Award (the formal document surveyors produce).
- Pros: fastest, simplest.
- Cons: fewer procedural protections; you rely on common law if damage occurs (you can still claim, but the route is less structured).
- Dissent and appoint your own surveyor
- You name your surveyor; the Building Owner appoints theirs. A Third Surveyor is selected as a back-stop.
- Pros: you have your own independent surveyor, full protections via a Party Wall Award (methods, access rules, working hours, hand-tools on party wall, dust/vibration controls, damage mechanism).
- Cons: more steps and time than consent. (The Building Owner is usually liable for reasonable fees)
- Dissent and agree to a single Agreed Surveyor
- One impartial surveyor acts for both owners. No Third Surveyor unless later required.
- Pros: usually quicker and cheaper than the two-surveyor route; still results in a binding Award.
- Cons: fewer “second-pair-of-eyes” checks—choose the Agreed Surveyor carefully (experience, qualifications, PI insurance).
Timing: don’t put this at the bottom of your to-do list
- You have 14 days from valid service of the Notice to respond.
- If you don’t respond, a further 10-day letter may follow. After that, a surveyor can be appointed on your behalf (the “10(4) appointment”).
- Postal service adds time to the clock in practice, but don’t rely on it—reply promptly so you keep control of your choice.
What you can expect if you dissent
- Technical scrutiny: Surveyors examine drawings, methods, sequencing, and (for Section 6) excavation depths and proximity.
- The Award:
- Time & manner of works,
- Access under Section 8 (scope, hours, protection, security, reinstatement),
- Protection clauses (e.g., hand tools on party wall, soot/dust control at fireplaces/vents, vibration limits, temporary weathering),
- Damage procedure (make good or compensation),
- Drawings appended.
- Enforceability: The Award is binding; breaches can be pursued and the Award can be enforced.
Costs: who pays?
- Generally, the Building Owner pays the reasonable surveyors’ fees (yours, theirs, and the Award service costs).
- Exceptions exist (e.g., where you request unrelated extras, or for specific statutory scenarios such as disrepair cost-sharing) but these are uncommon. The notice/award should make cost responsibility clear.
Pro tips to get the most out of your response
- Ask for the full construction pack: final drawings, structural details, method statements, programme, any temporary works and access plans.
- Flag what matters on your side: delicate finishes, historic plaster, sensitive rooms, business hours, pets, or access constraints—these shape protections.
- Tell the surveyor about foundations nearby: cellars, prior extensions, retaining walls—crucial for Section 6 assessments.
- Be contactable: A quick reply to surveyor queries speeds your Award and reduces project pressure (and friction).
Simple, fixed survey cost chart (nationwide)
| Service | What you get | Fixed price* |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Drafting, validation, service & tracking | £25 |
| Agreed Surveyor Award | One impartial surveyor Award & service | from £300 |
| Building Owner’s Surveyor (two-surveyor route) | Negotiations, Award & service | from £325 |
*Complex works (e.g., basements, deep excavations, Security for Expenses, movement monitoring, advising engineer) may add specialist costs—we’ll flag these upfront so there are no surprises.
FAQs
Q1: Can I negotiate changes before I choose an option?
Yes. Ask for drawings/methods and raise concerns.
Q2: I consented but now I’m worried—can I change to dissent later?
If a genuine dispute arises (e.g., material design change), you can raise it. Practically, it’s smoother to dissent at the outset where risk is more than minimal.
Q3: Can I refuse access to my land?
If access is lawfully awarded under Section 8 for specific notifiable works, you can’t refuse. The Award will set strict limits and protections.
Q4: Who picks the Third Surveyor?
In the two-surveyor route, your surveyor and the Building Owner’s Surveyor jointly select a Third Surveyor as a safety net. They’re only used if the two surveyors (or owners) reach a formal impasse.
Q5: I’m a long leaseholder—do I count as an “Owner”?
Yes, if your lease exceeds a year. You’re entitled to Notice and to choose a response.
Q6: The Notice looks wrong—should I ignore it?
Don’t ignore it. Respond, and point out the defect(s). If the Notice is invalid, it can be re-served; silence risks a 10(4) appointment on your behalf.
Q7: Do Awards control weekend or evening work?
They can. Typical Awards specify working hours and noise limits. Tell your surveyor your constraints.
Q8: What is Security for Expenses?
For higher-risk works (e.g., basements, significant excavation), you can request a monetary security held in trust to cover make-safe or damage—released once the risk period has passed.
Q9: If damage happens, what do I do?
Notify the surveyor(s) promptly, share photos/video, and follow the Award’s damage procedure: make-good by the contractor or a cash settlement based on quotes.
Not sure which option to choose? Email your Notice to us.
We’ll review your Notice and drawings, explain exactly what each response will mean for you, and outline a clear, fixed-fee route to the protections you need.
Simple Survey — Nationwide • Fixed Fees • Experienced & Qualified
📧 team@simplesurvey.co.uk