You have 14 days to respond

You've been served a Party Wall Notice

Your neighbour has formally put you on notice that they intend to carry out works that affect your property. The Party Wall etc. Act 1996 gives you specific rights, and a short window to use them. Here's what to do.

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Pay £0. By law your neighbour covers our fees (s.10(13), Party Wall etc. Act 1996).

Your three options under the Act

Section 10 of the Party Wall etc. Act 1996 gives you a choice. The right answer depends on how confident you are about the works and how much you trust your neighbour's contractor.

Option 1: Consent in writing

Cost

Costs you nothing now

What you give up

High risk if anything goes wrong

You write back to your neighbour agreeing to the works as proposed. No Party Wall Award is needed. Sounds simple, but consenting means no Schedule of Condition is prepared, so if damage occurs you have no baseline to prove it wasn't there before. You also keep no formal record of what they agreed to do. The vast majority of Adjoining Owners who consent come to regret it.

Option 2: Dissent + Agreed Surveyor

Cost

Your neighbour pays the fees

What you give up

One surveyor acts for both sides, impartially

Under s.10(1)(a) of the Act, both sides agree to use a single surveyor. The Agreed Surveyor is impartial. They do not take sides, but they do prepare a Schedule of Condition, draft a Party Wall Award setting out the rules of the works, and provide a contractually-enforceable record. Cheaper than two surveyors and faster than a contested two-surveyor dispute.

Recommended

Option 3: Dissent + your own surveyor

Cost

Your neighbour pays your surveyor's fees (s.10(13))

What you give up

Maximum protection for you

Under s.10(1)(b) you appoint your own surveyor to act for you. Your surveyor and your neighbour's surveyor negotiate the Award between them. Your surveyor inspects your property, prepares your Schedule of Condition, reviews and amends the draft Award, and is in your corner throughout. By law your neighbour pays your reasonable fees. There is no cost to you. For most Adjoining Owners, this is the right answer.

Why we recommend appointing your own surveyor

Your property is inspected before works begin

We document the existing condition of your home in detail: interior, exterior, party walls, foundations near the boundary, fences, drainage, the lot. Photographs and notes are bound into a Schedule of Condition that becomes part of the Award. If anything goes wrong during the works, the proof is on the page.

The rules get written with your interests represented

The Party Wall Award sets out what the contractor can and can't do: working hours, dust suppression, access arrangements, vibration limits, removal of debris, and what happens if damage occurs. Your surveyor amends the draft so it actually protects your property, instead of taking your neighbour's version on trust.

You have a clear claim if damage occurs

Section 7(2) of the Act gives you a right to be compensated for loss or damage caused by the works. The Schedule of Condition is the evidence. Without it, the claim depends on your word against your neighbour's, and almost always fails.

No cost to you

Section 10(13) is clear: the Building Owner pays the Adjoining Owner's surveyor. We invoice your neighbour at the close of the matter. If they refuse, our Adjoining Owner Terms of Business assign their s.10(13) liability to us, so we pursue recovery in our own name. You will not be asked to pay our fees out of your own pocket.

Quick answers

What is a Party Wall Notice?

A Party Wall Notice is a formal document served on an Adjoining Owner by a Building Owner who is about to carry out notifiable works. The Party Wall etc. Act 1996 requires the Notice to be served at least one month before the works begin (two months for excavation works under section 6).

What are my options after being served?

You have three options. (1) Consent in writing: the works can proceed without a Party Wall Award, but you lose key protections. (2) Dissent and appoint an Agreed Surveyor: one surveyor acts impartially for both sides. (3) Dissent and appoint your own surveyor under s.10(1)(b). We recommend option 3 for most owners: you get someone who is actively in your corner, and your neighbour pays for them by law.

What happens if I do nothing?

If you do not respond within 14 days, the Act deems a dispute to have arisen. Your neighbour can then appoint a surveyor on your behalf under s.10(4)(b). That surveyor is not chosen by you, may have no particular interest in protecting your property, and the appointment is binding. Almost everyone who 'does nothing' regrets it later.

How much will appointing my own surveyor cost me?

Nothing. Section 10(13) of the Party Wall etc. Act 1996 makes the Building Owner (your neighbour) liable for the reasonable fees of the Adjoining Owner's surveyor. We invoice them directly at the close of the matter. You pay £0.

How quickly do I need to act?

The clock is ticking. You have 14 days from the date the Notice was served on you. After that the Act treats your silence as a deemed dissent, but the works can already be most of the way through their statutory waiting period, which means your Schedule of Condition window starts narrowing. Appoint a surveyor today; you can be done in 5 minutes.

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Mason

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