Receiving a Party Wall Notice from a neighbour can feel overwhelming—especially if it’s your first time dealing with one. But don’t worry, this guide will walk you through what it means, your rights, and what steps you should take next to protect your property and keep things neighbourly.
What Is a Party Wall?
A party wall is a dividing structure shared by two or more property owners. It can be part of a building, such as a wall between semi-detached houses, or a boundary structure like a masonry garden wall. (Timber fences don’t count.)
In some cases, a wall that sits entirely on one property but is used by a neighbour to support their structure can also qualify as a party wall under the Party Wall etc. Act 1996.
What Is a Party Wall Notice?
A Party Wall Notice is a formal notification from your neighbour (the building owner) informing you of upcoming construction work that might affect a shared wall or structure. Common examples include:
- Building or extending a wall along the boundary
- Cutting into or modifying an existing shared wall
- Excavating near your property (within 3 or 6 metres, depending on depth)
This notice isn’t just a courtesy—it’s a legal requirement under the Party Wall Act designed to give you time to review and respond before any work begins.
What Must a Party Wall Notice Include?
For the notice to be valid under the law, it must:
- Be written and clearly identify both parties (you and your neighbour)
- Describe the proposed work in enough detail
- Include an expected start date
- Be delivered either by hand or post
Typically, the notice must be served at least two months before the work is due to start. Shorter timeframes may apply for excavation or minor alterations.
What Are Your Options After Receiving One?
Once you’ve received a notice, you have three options:
- Give Written Consent – You allow the work to go ahead without needing a formal agreement.
- Dissent and Appoint Your Own Surveyor – You disagree or want oversight. A surveyor will protect your interests.
- Dissent and Share a Surveyor – You dissent but agree to use the same surveyor as your neighbour.
It’s important to know: dissenting doesn’t mean you’re objecting to the works—it simply means you want professional representation.
What Happens If You Dissent?
When you dissent, either your surveyor (or both, if separate ones are appointed) will draw up a Party Wall Award. This legal document outlines:
- What work is permitted and how it must be carried out
- Access arrangements for builders
- Working hours and protection measures
- Procedures for addressing any damage
This award safeguards your property during and after construction.
Your Rights as the Adjoining Owner
As the recipient of a Party Wall Notice, you are entitled to:
- Request more details or clarification
- Appoint your own qualified surveyor
- Have any damage assessed and repaired at the building owner’s expense
- Disagree with elements of the proposed work via the award process
You are not required to consent if you have concerns—get expert guidance first.
Steps You Should Take
Here’s a practical checklist for what to do next:
- Review the Notice Carefully
Make sure the information is complete and clear. - Seek Professional Advice
Consult a party wall surveyor for guidance tailored to your situation. - Respond Promptly
You must reply within 14 days. Silence may be taken as dissent. - Appoint a Surveyor if Needed
If you dissent, formally appoint a surveyor and inform your neighbour. - Keep Records
Take photographs and notes to document the current condition of your property before work begins.
Why Appointing a Surveyor Matters
A party wall surveyor works to protect your interests. If a disagreement arises, they’ll ensure your concerns are documented and addressed. Surveyors are impartial—even if both parties share one—and must follow the law, not personal preference.
When choosing a surveyor, look for:
- Experience with party wall matters
- Membership with a recognised body like RICS
- A clear understanding of your concerns
What If a Dispute Arises?
Disputes can happen—even with proper notices. If you and your neighbour can’t reach an agreement informally, surveyors will step in. Their job is to mediate and formalise a fair solution through the Party Wall Award.
Still unresolved? In rare cases, legal action may be necessary, but most disputes are resolved long before it reaches that stage.
Party Wall Agreements: Your Legal Protection
Once the Party Wall Award is agreed and served, it becomes legally binding. This document ensures the work is done as specified and provides a clear process for dealing with issues like:
- Property access
- Noise and dust control
- Remediation if damage occurs
It’s your safety net during and after construction.
Common Myths About Party Wall Notices
Let’s clear up some misunderstandings:
- Myth 1: Dissenting blocks the work.
False. It ensures you’re legally protected and informed throughout the process. - Myth 2: It only applies to homeowners.
Incorrect. The Party Wall Act applies to commercial and mixed-use buildings too. - Myth 3: Verbal agreements are enough.
Not under the law. A formal notice and award process is required.
Need Help Understanding a Party Wall Notice?
If you’ve received a Party Wall Notice and aren’t sure what to do next, Simple Survey is here to help. Our RICS-regulated surveyors specialise in party wall matters and provide clear, impartial advice whether you’re a building owner or an adjoining owner.
We’ll explain your rights, review the notice, and support you every step of the way—ensuring your property and peace of mind are protected.
Talk to a Party Wall Expert Today
Contact Simple Survey to speak with a qualified party wall surveyor. We offer free initial advice and fixed-fee services to make the process straightforward and stress-free.