🏗️ What to Expect When Serving a Party Wall Notice

(A Practical Guide for Building Owners)

If your works are notifiable under the Party Wall etc. Act 1996 and you wish to serve notice on your neighbour(s), here’s what you should know:

🤝 1. Talk to Your Neighbours First

Before serving a notice, it’s wise to explain your plans in person and discuss the proposed works.

  • A clear, detailed set of plans will help instil confidence in your neighbour. A cheap set of “stick” drawings with little detail will usually raise alarm bells and make them feel they need their own surveyor.

  • Communication is key. If you let your neighbours know that “Monday morning will be noisy,” it gives them a chance to plan ahead or discuss an alternative time. Many people now work from home, so being considerate helps maintain good relations — and good communication can prevent disputes that might otherwise become costly.

  • If your application is on the Planning Portal, your neighbours may already have been inundated with letters from “ambulance-chasing” surveyors hoping to be appointed — usually at your expense.

  • If possible, aim for consent (ideally with a Schedule of Condition) or have your surveyor appointed as the Agreed Surveyor.

  • If your neighbour appoints their own surveyor, you will almost certainly pay their fees.

If your neighbour has already appointed a surveyor, you can request that their surveyor acts as the Agreed Surveyor — potentially saving you costs. However, you should carefully consider:

  • The competence and impartiality of the surveyor they’ve chosen.

  • Appointing the wrong surveyor can lead to unnecessary expense if things go wrong.

Even some high-profile surveyors get it wrong — very wrong — and I’ll be publishing a few examples here soon.

📷 2. Why a Schedule of Condition Helps You

A Schedule of Condition (SoC) records the condition of your neighbour’s property before work starts. It:

  • Protects you from false or exaggerated damage claims.

  • Forms part of the consent or the Party Wall Award.

  • Helps resolve disputes quickly and fairly.

💰 3. The Risk of High Fees

Adjoining Owners’ Surveyor (AOS) fees are often higher than your own surveyor’s — sometimes £600–£1,200 + VAT, but occasionally £4,000+ VAT and disbursements have been unsuccessfully sought.

See: When Surveyor Fees Go Too Far — A Lesson from a Third Surveyor’s Award

High fees can trigger unnecessary disputes and even Third Surveyor referrals.

📜 4. The Notice Process

Notices are served for works under:

Section 1 – New Wall at/Astride the Boundary (Line of Junction)

This covers building a wall at or astride the boundary (LoJ), provided the boundary is not already built upon.

  • You can serve notice to build astride the LoJ — often useful for small terraced houses, where gaining 150mm each side can make a big difference to room width. However, you’ll need your neighbour’s written agreement.

  • Serving notice gives you legal access to your neighbour’s land if required.

  • Notice must be served 1 month before works begin.

Section 2 – Works to the Party Wall

Used for almost any work involving the party wall, such as:

  • Loft conversions

  • Cutting pockets for steel beams

  • Removing chimney breasts

  • Raising the wall to form a dormer cheek

You can usually raise a party wall to form the dormer side wall, allowing your neighbour to connect later if they do their own loft conversion — avoiding awkward flashing details and maintenance gaps.

Notice must be served 2 months before works begin.

Section 6 – Excavations within 3m (or 6m for deeper works)

Applies where you propose to excavate within 3m of a neighbour’s structure and go deeper than their foundations.

  • Both criteria must apply — if one doesn’t, it’s not notifiable work.

  • Notice must be served 1 month before works begin.

  • The notice period can be shortened by written agreement.

📨 5. Adjoining Owner’s (AO) Response Options

After receiving your notice, the Adjoining Owner has 14 days to reply:
✅ Consent to works.
✅ Consent with Schedule of Condition.
❌ Dissent and appoint the Agreed Surveyor.
❌ Dissent and appoint their own surveyor.

If there’s no reply, a 10-day request is sent asking them to appoint a surveyor.

  • If they still don’t respond, you (or your surveyor) may appoint one on their behalf and proceed to make an award authorising the works.

  • The Adjoining Owner cannot simply ignore the notice. The Act provides a mechanism to ensure the process continues.

  • Always obtain proof of postage for any notice or document served.

  • It’s surprising how many people claim not to have received a notice once a surveyor is appointed on their behalf. Going on holiday is no excuse — you’re still responsible for your mail.

🔹 Understanding “Dissent” and “Dispute”

When an Adjoining Owner “dissents” to a Party Wall Notice, it simply triggers the appointment of surveyors under Section 10 of the Act.
It does not mean that neighbours are “in dispute” in the ordinary sense of a disagreement or hostility.

Rather, it means the Adjoining Owner wants their own surveyor (or the Agreed Surveyor) to review the proposals in detail — ensuring the works are properly designed, executed safely, and that their property is protected.

A “dispute” under the Act is therefore a procedural step, not a personal conflict.
It just enables both owners to have their surveyors agree the terms under which the works may proceed.

✅ In short: Dissent = wanting information and formal protection, not opposing the works.

🏛️ 6. Party Wall Award & Schedule of Condition

Schedule of Condition (SoC): Photographic and written record of the AO’s property condition.
Award: Tailored legal document setting out rights, obligations, and access arrangements.

Either owner may appeal the Award in the County Court within 14 days of service.

⚖️ 7. Role of the Third Surveyor

Chosen jointly by both surveyors but only involved if there’s a disagreement.

Fees: Often £250+ per hour, plus both surveyors’ submission costs — which can exceed the value of the dispute.
Costs are usually apportioned to the “losing” side of the issue.

Some AOSs rely on this cost risk to deter reasonable challenges to excessive fees.

🚩 8. After the Award – Disputes

If issues arise after the Award:

  • The Adjoining Owner should first raise them with the Building Owner.

  • If unresolved, the surveyors (or the Agreed Surveyor) can be re-engaged — but this should be a last resort due to cost.

💡 Key Takeaways

✅ Talk to your neighbour first.
✅ Push for an Agreed Surveyor and a Schedule of Condition.
✅ Understand the fee risks, especially with AOSs.
✅ Avoid unnecessary escalation to the Third Surveyor.
✅ Be careful who you appoint — see Building Owner Incurs Unnecessary Costs and Coburns Party Wall.