For adjoining owners

Received a party wall notice?

Your neighbour wants to build. The notice gives you rights, a deadline and, in most cases, a surveyor paid for by them. Here is how to answer it.

14 days to reply
Silence counts as dissent
Building owner usually pays

First, check the date

You have 14 days to reply, counted from the day the notice was served. If it came by post, write the date it arrived on the envelope and keep it. The notice should also give the date the work is due to start, which must be at least one or two months away depending on the type of work.

Do not ignore it

If you say nothing about work to a shared wall or an excavation, the Act treats your silence as dissent. Surveyors are then appointed anyway, and if you do not choose one, your neighbour can choose for you.

Your three choices

Consent in writing. No award is made. Your neighbour is still responsible for any damage the work causes, but there is no agreed record of your home's condition unless you ask for one. This suits small, simple jobs where you trust the builder. Many people consent and ask for a schedule of condition as well.
Dissent and share one surveyor. You and your neighbour appoint a single agreed surveyor, who acts impartially for you both. Usually the quickest and simplest route.
Dissent and appoint your own surveyor. You choose a surveyor to act for you, and your neighbour has theirs. The two of them agree the award and pick a third surveyor at the start, in case they ever cannot agree a point.

Whatever you choose, reply in writing within the 14 days. We can help you fill in the reply form on a free first call.

Every surveyor appointed under the Act has to act impartially, including one you appoint. Their job is to see that the work is done properly and that your property is protected and put right if anything goes wrong.

Who pays

In most cases the building owner pays the reasonable fees of both surveyors, because the work is for their benefit. The exception is work that also benefits you, such as repairing a shared wall that was already defective, where costs can be split. See who pays party wall costs.

What we check for you

The notice itself: the right section, every owner named, a start date and drawings where the Act asks for them.
The drawings and the engineer's calculations, especially beams bearing on your wall and foundations near yours.
How the work will be done: temporary support, working hours, dust and noise, protecting your roof and garden, and making good.
Access. If the builders need to come onto your land, the Act requires 14 days' notice of entry, and the award can set conditions.
The condition of your home before work starts, recorded in a schedule of condition, and checked again at the end.

If something goes wrong

If the work damages your property, the building owner must put it right or pay compensation. Where surveyors are appointed, they settle how. Keep photographs, note dates and tell us straight away.

If the builders have started next door and nobody has served a notice, see work started without notice.

Send us the notice

Email a photo or scan of the notice and any drawings to ivan@southeastpartywalls.co.uk, or call 0800 999 1447. We will go through it with you and tell you plainly what we would do in your position.

Questions people ask

What happens if I ignore a party wall notice?

For work to a shared wall or an excavation, a dispute is treated as having arisen after 14 days. The building owner can then send you a request to appoint a surveyor, and if you still have not done so after 10 days they can appoint one on your behalf. That surveyor must act impartially, but you will not have chosen them.

Can I stop the work?

Not under the Act. Dissenting means surveyors decide how and when the work goes ahead and how your property is protected. The Act regulates lawful work; it does not give either neighbour a veto.

Do I have to use the surveyor my neighbour suggests?

No. You can agree to share their surveyor as the agreed surveyor, or appoint your own. It is your choice.

Will I have to pay my surveyor?

Normally not. When the work is for your neighbour's benefit, they pay the reasonable costs of both surveyors. The award sets out who pays.

Is a party wall agreement the same as an award?

Yes. Most people say agreement; the Act calls it an award. It is the document the surveyors make to settle how the work is done.