Receiving a Party Wall Notice can feel daunting, especially if you’re unfamiliar with the legal process. It means your neighbour intends to carry out construction works that may affect a shared wall or boundary—and your response plays a vital role in protecting your property and your rights.
In this guide, we explain what to expect, how to respond, and the options available under the Party Wall etc. Act 1996.
Step 1: Read the Notice Carefully
The notice should include:
- A clear description of the proposed works
- The expected start date
- How the works may impact your property
Take time to review all the details and assess whether the construction might affect your home, foundations, or shared structures. If anything is unclear, seek advice before responding.
Step 2: Know Your Options
You have 14 days to respond to the notice. There are three main routes you can take:
1. Consent to the Works
You agree to the works proceeding without further involvement. However, this means you accept the risk of potential damage without pre-works documentation in place. If you choose this route, it’s advisable to request a Schedule of Condition to protect your position.
2. Dissent and Appoint Your Own Surveyor
This is the most common and cautious option. You formally disagree with the works as proposed and appoint an independent Party Wall Surveyor to act on your behalf. Your surveyor will:
- Assess the proposed works
- Ensure protective measures are in place
- Document the condition of your property before works begin
- Negotiate a Party Wall Award with the building owner’s surveyor
All surveyor fees (including your own) are typically covered by the building owner.
3. Dissent and Use an Agreed Surveyor
Instead of appointing your own, you agree to use the building owner’s surveyor to act for both parties. This may save time and cost, but be aware that the surveyor must remain strictly impartial. You should only agree to this if you are confident in the surveyor’s independence.
Step 3: Take Prompt Action
Failing to respond within 14 days triggers a default dissent. Your neighbour can then serve a further notice requiring you to appoint a surveyor within 10 days. If you still do not act, they have the legal right to appoint one for you.
Delays in response can slow down the construction timeline and limit your control in the process. Acting early ensures your interests are fully represented from the outset.
Step 4: Maintain Communication
Whichever option you choose, open and respectful communication with your neighbour helps maintain a constructive relationship. Most party wall matters can be resolved amicably with the right legal and professional guidance in place.
In Summary
Responding to a Party Wall Notice is a key part of managing construction near shared boundaries. By understanding your rights, seeking professional advice, and responding appropriately, you can ensure your property is protected, your concerns are addressed, and disputes are avoided.
Need expert help reviewing a notice or appointing a Party Wall Surveyor?
Contact SimpleSurvey at team@simplesurvey.co.uk
We’re here to make the process straightforward and stress-free.