When a Party Wall Notice lands on your doormat, you’ve got three basic choices: consent, dissent and appoint an agreed surveyor, or dissent and appoint your own surveyor. The right answer isn’t simply “yes” or “no”—it’s about weighing risk, clarity and timing against your appetite for process and cost (which is ordinarily borne by the building owner under the Act).
Here’s a practical framework to help you choose confidently.
1) Understand exactly what’s being proposed
Before you respond, make sure you’re crystal-clear on the scope.
- Which section(s) of the Act?
- Section 1 – new walls at or astride the boundary
- Section 2 – works to an existing party wall/party structure/party fence wall
- Section 6 – excavations within 3m (or 6m for deep works) and deeper than your foundations
- Drawings & details
- Plans/sections should accompany Section 6 excavations.
- For party structure works (Section 2), you should see a plain-English description of how the wall will be altered (e.g., cutting in steel, removing projections, raising/rebuilding).
- Depth & distance checks
- If excavations are involved, confirm proximity and depth. This is a common trigger for a valid, notifiable notice.
If anything is missing, unclear or inconsistent, ask for clarification before you answer.
2) Check timing and programme realities
- Statutory lead-in:
- 1 month minimum notice for Sections 1 & 6
- 2 months minimum notice for Section 2
- Your diary matters:
- Even if the notice meets statutory minimums, consider real-world factors (holidays, home working, vulnerable residents).
- If the proposed start date is unrealistic for you, flag it now—your response can raise timing concerns.
3) Think about access and working practices
- Access under Section 8 can be permitted for works carried out in pursuance of the Act. Consider:
- Location and duration of any proposed access
- Temporary measures (protection of paths, gardens, roofs, etc.)
- Site conduct and working hours (typically weekdays 8am–6pm, Saturdays 8am–1pm, subject to local authority variations)
If you want limits or conditions, dissenting can be the path to documenting sensible parameters in an award.
4) Consider risk profile and complexity
- Low-risk scenarios (e.g., simple flashing works, minor alterations with clear drawings and method): you may feel comfortable consenting.
- Higher-risk scenarios (e.g., deep excavation near shallow foundations, significant structural alterations to the party wall, complex phasing): dissenting and appointing a surveyor builds in a neutral dispute-resolution mechanism and clear rules for the works.
5) Weigh your two “dissent” routes
- Agreed Surveyor (one surveyor for both owners)
- Usually faster and cheaper overall
- Requires confidence in that surveyor’s impartiality and competence
- Two Surveyors (you appoint your own)
- More process and typically more cost (borne by the building owner), but you have your own adviser
- Helpful where trust is low or the project is complex
Either way, surveyors must act impartially under the Act.
6) Security for Expenses (Section 12)
If you’re worried about open-ended exposure—especially with deep digs or long programmes—you can request Security for Expenses. That’s money held on account to cover certain contingencies (e.g., urgent protective measures or making good) so you’re not left out of pocket if problems arise mid-project. If the sum or mechanism can’t be agreed, it can be determined via the Act’s procedures.
7) Understand “non-response” is not neutral
If you do nothing, after the statutory period a dispute is deemed and the building owner can appoint a surveyor on your behalf. That keeps the project moving without your input on who represents your interests. If you want influence, respond within the deadlines.
8) Red flags that justify a dissent
- Missing or incorrect notice details (wrong names/addresses, wrong section cited, missing drawings for excavations)
- Vague or shifting scope
- Unclear excavation depths or foundation relationships
- Reliance on special foundations on/under your land without your written consent
- Aggressive start dates with no sensible logistics plan
- Prior poor site conduct or strained relations
9) How to communicate your decision well
- Be prompt and in writing.
- Be specific. If consenting, say so clearly; if dissenting, state whether you’ll appoint your own surveyor or are open to an agreed surveyor.
- Ask for missing information before committing—polite, focused questions build momentum, not conflict.
10) Quick decision tree
- Low complexity + clear info + neighbour you trust?
→ Consent (reserving the right to raise a dispute later if a specific issue arises). - Moderate complexity or you want conditions documented?
→ Dissent and consider an Agreed Surveyor. - High complexity, deep excavations, strained trust or time pressure?
→ Dissent and appoint your own surveyor. Consider Security for Expenses.
FAQs
Q: If I consent now, can I change my mind later?
Yes. A general consent doesn’t remove your rights under the Act if a specific dispute arises later (for example, over method or timing). Raise issues promptly and in writing.
Q: Who pays the surveyors?
Ordinarily, the building owner pays the reasonable costs of administering the procedures because they benefit from the works.
Q: What happens if I don’t reply within 14 days?
A dispute is deemed to have arisen and the building owner can appoint a surveyor on your behalf to keep the process moving.
Q: Can my neighbour force me to use “their” surveyor?
No. You are free to appoint your own. Alternatively, you can agree to one impartial surveyor acting for both.
Q: Can I ask for money to be held aside for contingencies?
Yes—Security for Expenses can be requested under Section 12 where risk warrants it. If the amount or mechanism can’t be agreed, surveyors can determine it.
Prefer a calm, structured route through your decision?
Simple Survey supports adjoining owners with clear advice, fast paperwork, and practical strategies that keep risk low and relations workable—without unnecessary cost or drama.
Transparent, fixed pricing (guide)
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the building owner): fixed-fee proposals from £325 for our side. (The other surveyor may bill hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer fixed pricing as above.
No surprises, no creeping extras. You’ll know the number before we start.
Talk it through—free first conversation
Email team@simplesurvey.co.uk and tell us you’ve received a notice. We’ll help you decide whether to consent, dissent with an agreed surveyor, or appoint your own—quickly, calmly, and cost-effectively.