What is a Party Wall Notice?
A Party Wall Notice is a formal notification under the Party Wall etc. Act 1996.
It explains certain proposed works that your neighbour intends to undertake.
Common examples include loft conversions, rear extensions, structural alterations and excavations close to neighbouring properties.
Receiving a Notice doesn't automatically mean your neighbour's works are unsafe, or that your property will be damaged.
It starts the relevant statutory process.
What a Party Wall Notice typically sets out
- 1Notice date
- 2Relevant Notice type
- 3Building Owner
- 4Adjoining Owner
- 5Proposed works
- 6Response information
Option 1 — Consent to the works
If you're comfortable with the proposed works, you may provide written consent.
This normally means the notified works can proceed without the need for a Party Wall Award, subject to the applicable notice requirements and any agreement about earlier commencement.
You may also agree with your neighbour to have a Schedule of Condition prepared before work begins.
A Schedule of Condition provides a photographic and written record of the relevant parts of your property.
Option 2 — Appoint an Agreed Surveyor
If a dispute arises under the Act, both owners can agree to appoint one impartial surveyor to act as the Agreed Surveyor.
That surveyor considers the interests of both properties and prepares a Party Wall Award addressing the relevant statutory matters.
An Agreed Surveyor doesn't act exclusively for your neighbour, even if your neighbour is paying the fee.
Option 3 — Appoint your own surveyor
Alternatively, where the statutory dispute resolution procedure applies, you can appoint your own Party Wall Surveyor.
Your surveyor will liaise with the Building Owner's surveyor, review the relevant information and agree the terms of an Award.
In many ordinary residential projects carried out solely for the Building Owner's benefit, the Building Owner will pay the reasonable surveyor costs.
However, the allocation and reasonableness of fees depend on the circumstances.
Responding to a Party Wall Notice
Where the relevant statutory procedure applies:
or
or
Line of Junction Notices operate differently.
How long do I have to respond?
The response process depends on the type of Notice.
For Party Structure and Adjacent Excavation Notices, a failure to consent within 14 days will generally mean a dispute is deemed to have arisen.
Line of Junction Notices operate differently. For example, building a new wall astride the boundary requires the adjoining owner's written consent, and a lack of consent doesn't itself provide permission to build astride that boundary.
If you're unsure which Notice you've received, it's sensible to obtain advice before responding.
What should you do next?
You can send us a copy of your Party Wall Notice. We'll explain what has been served, what it means and the options available to you.
