What To Do If You Receive A Party Wall Notice From Your Neighbour

When your neighbours are planning planned construction that involves a party wall or shared land, they are required to serve formal party wall notices to adjoining owners. Party wall notices are served to inform adjoining owners about proposed work that could affect their property or land. This notice is a legal requirement to ensure all parties are aware of the planned construction and can respond appropriately.

Your rights when receiving a party wall notice

When you receive a party wall notice, it is your right to appoint a party wall surveyor to act on your behalf. Responding to the notice is crucial—if you fail to respond within the specified timeframe, the law treats it as dissent, and the building owner may proceed as if you have objected, which can affect your rights and involvement in the process.

The fees for your party wall surveyor are paid by the building owner who is planning the building works, if the building works are solely for their benefit. The cost of appointing a surveyor is usually covered by the building owner, helping to minimize your expenses.

Find a party wall surveyor in your area.

The party wall surveyor will liaise with the other party and put forward your preferred outcome. The surveyor is appointed to ensure the process is fair and that the interests of both parties are protected. They will create a record of the condition of the neighbour's property before any work begins, which helps prevent potential disputes by providing clear evidence if damage occurs. The benefits of having a schedule of condition include protecting both building owners and adjoining owners by documenting the state of the property and reducing the risk of disagreements. The surveyor will create an award that agrees in writing on details like:

• the work that will be carried out

• when and how the work is to be carried out, for example to minimise the inconvenience caused by noise, dust etc

• any additional work required or measures to protect from damage

• the condition of the adjoining property before the work, so that any damage can be monitored and fixed

• access for the surveyors to inspect the works as may be necessary

• documenting the record of the condition of the neighbour's property

Consenting to the proposed works involves signing the agreement, which allows the works to proceed. If you dissent, you can appoint your own surveyor or agree to a surveyor suggested by both parties. Once all parties have signed and consented, the building owner can carry out or undertake works as planned. The enabling act allows building owners to carry out planned works once proper procedures are followed, and the Party Wall Act ensures that all affected parties are notified and protected. The party wall process applies to various types of work, including extensions and garden wall alterations, and planning permission may also be required for some projects. If you are unsure how to respond, it is important to seek advice from a qualified party wall surveyor to protect your interests and avoid potential disputes.

Remember that the surveyors have a duty to resolve matters in a fair and practical way!

Works that require a party wall notice

Works that require serving a party wall notice are planned works or proposed work that may affect a shared wall or boundary. These include:

• new building on or at the boundary of 2 properties

• work to an existing party wall or party structure

• excavation near to and below the foundation level of neighbouring buildings

Before a building owner can undertake works such as those listed below, they must serve notice to affected neighbours in accordance with the Party Wall Act.

In practice, it means your neighbour might be planning to:

• build a new wall on or at the boundary of 2 properties

• cut into a party wall

• make a party wall taller, shorter or deeper

• remove chimney breasts from a party wall

• knock down and rebuild a party wall

• dig below the foundation level of your property

The role of the adjoining owner

As the adjoining owner, your role in the party wall process is both significant and protected by the Party Wall Act. When you receive a party wall notice from a building owner, you have 14 days to respond. During this time, you can either provide written consent to the proposed works or dissent, which will initiate the formal dispute resolution process under the Act.

If you consent to the proposed works, you are still entitled to appoint a party wall surveyor to ensure your property is protected and that the building works are carried out according to the party wall agreement. This helps safeguard your interests and ensures that any concerns you have are addressed before work commences.

Should you choose to dissent, you can appoint your own surveyor to represent you. This surveyor will work with the building owner’s surveyor to negotiate a party wall award that sets out how the works will be carried out and what protections will be in place for your property. The party wall award is a legally binding document that ensures your concerns are considered and that the process is fair for both parties.

Your response to the wall notice is crucial, as it determines the next steps in the party wall process. By understanding your rights and obligations as an adjoining owner, you can make an informed decision and ensure that your property is protected throughout the proposed works.

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Appointing a surveyor: when and how

Appointing a party wall surveyor is a key step in managing party wall matters and ensuring that the proposed works are carried out in line with the Party Wall Act. Either the building owner or the adjoining owner can appoint a surveyor, and in some cases, both parties may agree to use a single surveyor, known as the agreed surveyor. Alternatively, each party can appoint their own surveyor, and if they cannot agree, a third surveyor may be selected to resolve any disputes.

The party wall surveyor acts as an impartial expert, guiding both parties through the process and preparing the party wall award. This document details how the construction works will be carried out, what measures will be taken to protect the adjoining property, and how any potential damage will be addressed. The surveyor’s role is to ensure that the interests of both the building owner and the adjoining owner are protected, and that the party wall agreement is fair and comprehensive.

When appointing a surveyor, it is important to choose someone with experience in party wall matters, as their expertise will help resolve any issues efficiently and effectively. The costs for the surveyor are usually covered by the building owner, but this can be discussed as part of the party wall agreement. If you wish to appoint your own surveyor, you can do so by serving a counter notice, ensuring your concerns are fully represented during the process.

By appointing a knowledgeable party wall surveyor, you help ensure that the party wall process runs smoothly, your property is protected, and any disputes are resolved in accordance with the law.

More information on the Party Wall etc Act 1996

You can find detailed guidance on how the party wall works on the official pages from the Ministry of Housing, Communities & Local Government here. The resources also include an explanatory booklet.

On our website, we have detailed guides on Party wall agreements for loft conversions and on How to plan building works that don't require party wall agreements.

Get in touch with us for introductions to recommended party wall surveyors in your area