If a Party Wall Notice has been served in relation to proposed construction works nearby, it’s important for adjoining property owners to understand their rights and obligations under the Party Wall etc. Act 1996. This legislation ensures that neighbours are properly notified and protected during building activities that may affect shared or adjacent structures.
This guide outlines the response options available to adjoining owners and highlights the importance of involving a qualified party wall surveyor to help safeguard the property.
What is a Party Wall Notice?
A Party Wall Notice is a legal requirement under the Party Wall etc. Act 1996. It must be served by any property owner (the building owner) intending to undertake construction work that affects a shared wall, boundary, or foundation. Examples include:
- Loft conversions or rear extensions
- Excavations within 3 or 6 metres of a neighbouring structure
- Alterations to shared walls or party fence walls
The notice should clearly outline the proposed works, include relevant drawings (particularly for excavation works under Section 6), and indicate the proposed start date.
Response Options for Adjoining Owners
Upon receiving a Party Wall Notice, adjoining owners have three main response options:
- Consent in Writing
Written consent indicates agreement to the proposed works. This option is suitable when there are no concerns about the works or their potential impact. Consent does not waive the building owner’s obligations under the Act. - Dissent and Appoint a Surveyor
Dissent initiates the dispute resolution process outlined in the Act. A party wall surveyor is then appointed to act on behalf of the adjoining owner to review the works, assess the risks, and protect the property. - Dissent and Use an Agreed Surveyor
If both parties agree, one surveyor may act impartially for both sides. This is referred to as an “Agreed Surveyor”.
Failure to respond within 14 days is treated as a dissent, and the building owner may appoint a surveyor on behalf of the adjoining owner.
Why Dissenting is Often a Sensible Step
Dissenting to a Party Wall Notice does not mean opposing the works—it activates protections to ensure risks are properly assessed and managed. Benefits include:
- Legal Protection
A formal Party Wall Award is issued by the surveyor(s), which governs how the works are carried out, access arrangements, working hours, and liability in case of damage. - Schedule of Condition
A detailed photographic and written record of the property’s condition is produced before any work begins. This serves as key evidence if damage is later alleged. - Dispute Resolution Mechanism
In the event of disagreement during or after the works, the Award and surveyor involvement provide a clear framework for resolution. - Monitoring and Oversight
The surveyor may conduct inspections—if reasonably necessary—during and after the works to ensure compliance and assess any impact.
Role of a Party Wall Surveyor
The appointed party wall surveyor acts impartially to:
- Review architectural drawings and structural details
- Advise on risk and compliance with the Party Wall Act
- Conduct a schedule of condition survey
- Draft and issue the Party Wall Award
- Monitor the works (if reasonably required)
- Address and resolve any disputes that arise
All work carried out by the surveyor must fall within the scope of notifiable works under the Act and be justified as reasonably necessary.
The Importance of Professional Expertise
Navigating the Party Wall etc. Act 1996 involves legal, structural, and procedural considerations. Appointing a qualified, experienced, and chartered surveyor ensures that the process is handled correctly and that all statutory protections are applied. Property owners benefit from independent assessment, dispute prevention, and peace of mind throughout the project.
Conclusion
Being served a Party Wall Notice presents an opportunity—not a threat—to ensure that construction next door is carried out in a lawful and considerate manner. By understanding the available response options and involving a surveyor where appropriate, adjoining owners can protect their property and avoid unnecessary disputes.
Need help responding to a Party Wall Notice?
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