I've Received a Party Wall Notice: What Are My Options?

01

First check the notice itself

Confirm who served it, which property and owner it names, which section of the Act it relies on, what work is described and the proposed start date. Excavation notices should be supported by the particulars required by the Act.

Do not sign simply because the document looks formal. Equally, receiving a notice does not mean the neighbour is acting improperly: valid notice is part of the procedure Parliament created for certain works.

02

Option 1: consent to the work

Written consent means there is no present dispute requiring a party wall award. It does not remove the building owner’s duties to avoid unnecessary inconvenience, provide protection where necessary and make good relevant damage.

A Schedule of Condition is not automatically required by the Act, but owners often choose to record the adjoining property before work as practical evidence if damage is later alleged.

03

Option 2: appoint one Agreed Surveyor

Both owners can concur in appointing one person to act as the Agreed Surveyor. That surveyor does not represent either owner as an advocate; the statutory task is to settle the matters in dispute fairly and practically.

One-surveyor working can reduce duplication, but it should be chosen only where both owners are comfortable with the individual’s competence and independence.

04

Option 3: appoint separate surveyors

Each owner may appoint a surveyor. The two surveyors select a third surveyor and then work together on the award. Although each surveyor liaises with the appointing owner, they must act within the Act and are not simply representatives instructed to obtain the owner’s preferred result.

An appointment under section 10 is generally not something an owner can withdraw at will once validly made, so understand the proposed appointment and charging basis before signing.

05

What can an award deal with?

An award can describe the authorised work, regulate timing and manner, require reasonably necessary protections, record condition, address access within the Act and allocate relevant costs. It cannot decide every disagreement between neighbours—for example, a boundary dispute is outside this procedure.

The award is final and binding unless appealed in the county court within 14 days of service. Anyone considering an appeal should obtain legal advice promptly.

06

What should I do before the deadline?

Keep the complete notice and attachments, note the service and response dates, avoid altering the document, and obtain advice on the work actually proposed. You can send the notice to MS Party Wall for an initial review without making an appointment.