If a neighbour has served you with a party wall notice, you are the adjoining owner under the Party Wall etc. Act 1996, and you have clear rights and a short window in which to respond. This guide explains your three options, the important fourteen-day rule, and why responding correctly need not cost you anything.
Your Three Options
When you receive a valid party wall notice, whether a party structure notice under Section 2 or a notice relating to excavation under the 3 and 6 metre rule, you may respond in one of three ways.
1. Consent to the Works
You may agree in writing to the works going ahead as described. Consent keeps matters simple and avoids the appointment of surveyors and the preparation of an award. It is sensible, before consenting, to ask for a schedule of condition recording the state of your property, so that any damage can be judged fairly against a documented baseline. Consent does not waive your right to compensation if damage later occurs.
2. Dissent and Appoint a Surveyor
You may dissent from the notice. This does not stop the works; it simply means a dispute is deemed to arise and the matter must be resolved by surveyors. You can either agree with your neighbour to use a single agreed surveyor acting impartially for both parties, or you can each appoint your own surveyor. Where two surveyors are appointed they select a third surveyor to resolve any deadlock. The outcome is a binding party wall award.
3. Serve a Counter-Notice
You may serve a counter-notice within one month requesting that additional works be carried out for your benefit or convenience, for example the inclusion of chimney copings or the strengthening of a wall. The building owner must comply with a reasonable counter-notice, and you would meet the additional cost attributable to your requested works.
The Fourteen-Day Rule
You have fourteen days from receiving the notice in which to respond. If you do not reply within that period, the Act deems a dispute to have arisen, and surveyors must then be appointed to produce an award. It is therefore always better to respond, even if only to consent.
| Response | Time limit | Effect |
|---|---|---|
| Consent | Within 14 days | Works may proceed without an award |
| No response | After 14 days | Dispute deemed to arise; surveyors appointed |
| Counter-notice | Within 1 month | Requests additional works for the adjoining owner |
Will It Cost Me Anything?
In the great majority of cases, no. The building owner carrying out the works is normally responsible for the reasonable surveyors’ fees incurred in resolving the matter, because it is their project that has made the process necessary. You should not be out of pocket for protecting your own property through the statutory process. Our guide to the costs and the process sets this out in more detail, and further guidance for neighbours is on our adjoining owners page.
FAQs
Does responding mean I am blocking my neighbour’s works?
No. None of the three options stops lawful works. Dissenting simply routes the matter through surveyors so that your property is properly protected by an award.
Can I choose my own surveyor?
Yes. You are entitled to appoint a surveyor of your choosing, or to agree to a single agreed surveyor with your neighbour. The surveyor must act impartially in applying the Act.
What if I ignore the notice?
Ignoring it does not make it go away. After fourteen days a dispute is deemed to arise and surveyors are appointed regardless, so it is better to engage from the outset.
If you have received a party wall notice anywhere in London and want expert help responding, our RICS-accredited surveyors can act as your appointed or agreed surveyor. Contact us for clear, impartial advice.