Planning work near or on a shared wall? Whether it’s an extension, loft conversion or structural alterations, the Party Wall etc. Act 1996 may apply – and the first step is to serve notice.
A Party Wall Notice informs your neighbour (the “adjoining owner”) of your planned works. It must be served in writing, between 2 months and 1 year before works begin. While that may seem like a generous timeframe, early notice is always best – especially if you want to avoid project delays.
Talk Before You Write
Although the notice is a formal requirement, it’s good practice to speak to your neighbour informally first. A quick conversation to explain the project can go a long way in easing concerns and building trust.
If they’re happy with your plans, they simply provide written consent within 14 days, and you’re free to proceed with the works – no surveyors or disputes involved.
What If Your Neighbour Doesn’t Consent?
It’s natural for neighbours to have questions or reservations. If they refuse consent, issue a counter-notice, or don’t respond at all within 14 days, you’re considered to be ‘in dispute’ under the Act.
But don’t worry – this doesn’t mean your plans are over. It just means a Party Wall Surveyor must now get involved.
Resolving Disputes: The Party Wall Award
When a dispute arises, you (the building owner) must appoint a Party Wall Surveyor. Your neighbour can either agree to use the same surveyor or appoint their own. You’re responsible for all reasonable surveyor costs, regardless of who appoints them.
The surveyor(s) will prepare a Party Wall Award – a legally binding document that outlines:
- What work will be done
- When and how it should be carried out
- Who is responsible for what
- Who pays the fees (including surveyor costs)
Once issued, the Award allows the work to legally proceed, subject to its terms. If either party disagrees with the Award, they have 14 days to appeal via the county court.
Can My Neighbour Actually Stop the Works?
Not usually. The Act doesn’t allow neighbours to block your project simply because they don’t like it. They can’t stop permitted works, but there are exceptions:
- If the works involve special foundations (e.g., steel-reinforced concrete or piling) that encroach on their land.
- If a new party wall is proposed directly on their land without consent.
Outside of those rare cases, the works can go ahead once the Award is in place.
Your Obligations as the Building Owner
Once authorised, you must:
- Carry out works in line with the Award
- Avoid unnecessary disruption to neighbours
- Rectify any damage caused during construction
- Allow access to surveyors or neighbours when needed (during reasonable hours)
Choosing the Right Party Wall Surveyor
When things get formal, the surveyor becomes key to keeping things smooth, fair, and professional. Here’s what to look for:
- Relevant experience: They should understand party wall law and the type of work you’re doing.
- Responsive and impartial: Your surveyor should keep both sides updated, manage timelines, and help avoid escalating tension.
While using the same surveyor as your neighbour often keeps things simpler and cheaper, they must act independently for both parties. A good surveyor helps maintain transparency and avoid unnecessary delays.
Need Help Serving Notice or Resolving a Dispute?
Whether you’re planning a project or responding to a neighbour’s notice, our expert surveyors are here to support you. We’ll handle the process professionally, efficiently and with minimal fuss – keeping your project on track and relationships intact.
📧 Start the process today – contact us at team@simplesurvey.co.uk