What happens if my neighbour does not reply?

For party structure and excavation notices, failure to consent in writing within 14 days generally creates a dispute under the Act, requiring the surveyor procedure. Boundary construction notices have different rules: silence does not permit you to build astride the boundary. Ask your surveyor which procedure applies.

Do we each need a separate surveyor?

Not necessarily. Where a dispute arises, both owners can agree to appoint one impartial agreed surveyor, or each can appoint their own. An owner cannot act as their own appointed surveyor under the Act. Appointed surveyors have statutory duties and are not simply advocates for the person paying them.

Who pays the party wall costs?

The building owner proposing the work usually pays the reasonable surveyors’ costs where the work is solely for their benefit. Responsibility can differ, including for shared repairs or unnecessary costs, and may be determined in the award. Request a written fee basis and check with your assessor what is included.

Can my neighbour stop the work?

A neighbour’s dissent does not automatically prevent work that the Act allows. It usually means the dispute-resolution procedure must be followed before the relevant work proceeds. However, the Act does not authorise every proposal, and some work requires express consent. Starting without following the Act can lead to legal action, including an injunction.

What if work has already started?

Seek prompt advice from an experienced party wall surveyor and, where necessary, a solicitor. Do not assume a retrospective notice or award will regularise completed work. Outstanding work, damage claims and possible remedies need to be considered against the circumstances.

Can a party wall award be challenged?

Either owner can appeal an award to the county court within 14 days of it being served on them. This is a short statutory deadline, so obtain legal advice immediately if you are considering an appeal. An appeal can carry significant costs.

Party Wall

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Party wall services help property owners in England and Wales manage notices, awards and schedules of condition under the Party Wall etc. Act 1996. The Act may apply when you alter a shared wall or structure, build on a boundary or excavate near neighbouring buildings, even if planning permission is not needed.

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When do you need a Party Wall?

Check whether the Act applies before work starts. Common examples include inserting beams into a party wall, cutting into it for a loft conversion, building at the boundary and excavating for foundations near a neighbour’s property. Excavation rules depend on distance and depth, not simply proximity to the boundary. Minor work such as putting up shelves or replastering will not normally require notice. Party structure notices generally require at least two months’ notice; line of junction and excavation notices generally require at least one month. A surveyor can confirm the relevant notices, recipients and timetable.

What happens on the day

There may be several stages rather than one appointment. Your surveyor reviews the proposed work, checks the relationship between the properties and advises on notices. If a condition inspection is arranged, they record relevant accessible areas of the neighbouring property, usually with written notes and photographs. Access must be agreed with the occupier. Where the Act’s dispute procedure applies, the appointed surveyor or surveyors prepare an award setting out how the relevant work may proceed. A follow-up inspection may help assess any reported damage.

How to prepare

Gather plans, sections and structural details showing the proposed work.
Provide foundation depths and distances from neighbouring buildings where excavation is proposed.
Identify neighbouring owners, including relevant freeholders and leaseholders, rather than relying only on occupiers’ details.
Share any notices already served, replies received and relevant correspondence.
Confirm your intended start date and contractor details, if appointed.
Arrange permission for any neighbouring condition inspection and access to relevant areas.
Tell your surveyor about known defects, previous damage or unresolved boundary issues.

How to improve your result

Seek advice while the design is still being developed, before fixing the construction programme.
Discuss the proposals with neighbours early, but do not treat a friendly conversation as formal written consent.
Choose a surveyor with relevant party wall experience and ask for a written scope of service and fee basis in GBP.
Make sure your contractor receives any award and understands its requirements before relevant work starts.
Ask your surveyor to review design changes, as these may affect notices or an existing award.

Why it is useful day to day

Early advice helps you plan realistic start dates, identify affected owners and reduce avoidable disagreements. Clear notices and awards establish what is proposed and how relevant risks will be managed. A condition record can help distinguish existing defects from possible new damage. The process protects both the building owner and adjoining owners, but does not replace planning permission, building regulations approval or the resolution of a boundary ownership dispute. Allow for the notice and dispute-resolution process before committing to a contractor’s start date.

Why we ask these questions

A notice formally tells an adjoining owner about proposed work covered by the Act. An award is the document made by the appointed surveyor or surveyors to resolve a dispute under the Act, including relevant working arrangements and safeguards. A schedule of condition records visible condition before work begins, providing evidence if damage is later alleged. It is not a structural survey or a guarantee against damage. A schedule is not compulsory in every case, but is often sensible even where a neighbour consents to the work.