Remind Me, What’s A Party Wall Notice?
A party wall notice is a formal document that informs an adjoining neighbour of a building owner’s planned construction work that could affect them.
A building owner must issue a party wall notice to an adjoining owner if they are constructing on the line of junction, making alterations to the party wall, or excavating within 3 metres of the neighbouring property.
If the work involves building on the line of junction or excavation within 3 metres, the notice must be served at least 1 month before starting the work. If the planned work directly affects the party wall or party structure, the notice must be served at least 2 months in advance.
Along with the notice, the adjoining owner is provided with an acknowledgement form with three options to respond to the proposal. They can either:
- Consent to the works
- Dissent and use an agreed surveyor
- Dissent and appoint their own separate surveyor
What Happens When A Neighbour Consents To The Work?
When the neighbour returns the signed consent form within the 14-day notice period, the building owner is free to carry on with the work. Consent essentially ends the procedures under the Party Wall etc. Act 1996.
It might still be worth preparing a photographic schedule of condition of the neighbour’s property to protect both parties. This means neighbours are far less likely to make spurious claims for damage, and it also helps protect the neighbour in the event that construction causes damage — as they can evidence the condition of their property before works began.
If a neighbour knows they are able to make use of the protection of a schedule of condition, they may be more willing to consent to the work without the cost of a full party wall award.
If justifiable cause arises — such as damage to the neighbour’s property — they can retract their consent. At that point, a party wall award becomes necessary. In practice, this is very unusual.
What Options Does The Neighbour Have If They Want To Dissent To The Works?
If the neighbour dissents, they can agree to use the Building Owner’s appointed surveyor to act as an ‘Agreed Surveyor’, where both parties’ interests are represented by a single surveyor. This is appropriate for simple works where the adjoining owner wants the protection of a party wall award, but the issues involved are unlikely to be contentious.
They can also suggest another surveyor of their choice to act as Agreed Surveyor — it does not have to be the same surveyor that prepared the initial notices.
Alternatively, the adjoining owner can appoint their own separate surveyor. This means the Building Owner will bear the cost of two party wall surveyors.
What Happens If The Two Surveyors Cannot Reach Agreement?
If the two appointed surveyors are unable to agree on a certain point, they will refer the matter to a ‘Third Surveyor’. The Third Surveyor makes a decision in agreement with one of the appointed surveyors.
Unless the award is made by an Agreed Surveyor, there are always two surveyors in agreement — a system designed to facilitate sensible decisions.
What Happens If A Neighbour Does Not Respond Within 14 Days Of Notice?
If a neighbour does not consent to the work within 14 days, they are deemed to have dissented.
If, after serving a further notice requiring action within 10 days, no response is received, the Building Owner’s surveyor can make an appointment on the Adjoining Owner’s behalf. This ensures their interests in the wall are represented by an independent third party. Once this appointment is made, an award can proceed in the usual way.
If My Neighbour Has Dissented But Subsequently Consents To The Work, Do I Still Need A Party Wall Award?
No. The Party Wall Act is an enabling Act designed to facilitate works, not breed conflict. A neighbour is free to change their mind and consent to the proposals at any time.
However, the Building Owner will still be liable for time expended by their appointed surveyor. This will be covered by a separate contractual agreement.
How Can I Obtain Further Advice On How To Deal With My Neighbour’s Response To A Party Wall Notice?
You should contact a local party wall surveyor who has been recommended to you.
Alternatively, one of our party wall surveyors at Harrison Clarke would be pleased to help you with party wall issues over the telephone on 023 8155 0051.
For more expert advice on surveying and property matters, check out our range of informative videos on our website or YouTube channel. Harrison Clarke Chartered Surveyors is here to guide you every step of the way!
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