How to Respond to a Party Wall Notice – For Adjoining Owners

Receiving a Party Wall Notice is a formal step taken by a neighbour (the “building owner”) before they exercise rights under the Party Wall etc. Act 1996. Your response controls how the works proceed and how your property is protected. This in‑depth guide sets out the statutory options and timelines on how to respond to a Party Wall notice for adjoining owners across England & Wales—with practical pointers for homeowners and technical detail for architects, surveyors, and solicitors advising clients.

Under the Act, notices are typically served for three categories of work:

Section 1: Building a new wall at, or astride, the line of junction (boundary).

Section 2: Works to an existing party structure (e.g., cutting into, raising, underpinning, or exposing a party wall).

Section 6: Adjacent excavation within prescribed distances and depths of neighbouring foundations.

Timeframes to serve notices vary by section (usually at least 1 month for line of junction and excavation works, and 2 months for party structure works). Once a valid notice is served, the adjoining owner has 14 days to respond in writing.

Your Status as an Adjoining Owner

“Adjoining owner” broadly encompasses freeholders and certain leaseholders of land or buildings adjoining the building owner’s land. If you hold a qualifying interest (for example, the freehold or a sufficiently long leasehold), you are entitled to respond to the notice and, if appropriate, to participate in the statutory dispute resolution procedure.

The Three Ways to Respond

You have three primary options when deciding how to respond to a Party Wall Notice. The high‑level differences are set out below.

Consent	You agree to the works described in the notice without requiring a Party Wall Award.	Must be in writing within 14 days. No surveyors appointed; no Award is produced. Work can proceed subject to other consents (e.g., planning, building regs).	You rely on the building owner to carry out works properly and make good damage. Fewer procedural protections than an Award, so consider a voluntary schedule of condition.
Dissent	You do not consent to the works as proposed.	Triggers dispute resolution under section 10. Each party appoints a surveyor, or both agree one Agreed Surveyor. Surveyors produce a binding Party Wall Award covering method, access, and damage rectification.	Gives statutory protections, independent oversight, and a clear record of condition and rights. Reasonable surveyor costs are typically borne by the building owner.
Counter Notice	You request additional or modified works for your benefit (often alongside a dissent).	Serve within 1 month of the original notice. Include adequate particulars (plans/sections/loads if relevant). Building owner must comply unless it causes injury, unnecessary inconvenience, or unnecessary delay.	Costs may be shared where works benefit you. Surveyors determine reasonableness and allocation in the Award.

Option 1: Consenting to the Works

When to consider: Minor, low‑risk works; strong neighbour relationship; robust contractor credentials. Consent allows the building owner to proceed without a Party Wall Award.

Advantages

Fastest route; minimal procedural overhead.

Lower soft costs (no surveyors if both parties are comfortable).

Risks and Mitigations

No Award protections: There is no binding method statement, access protocol, or damage mechanism unless separately agreed.

Damage risk: If damage occurs, you must rely on common‑law remedies or goodwill. Mitigation: we strongly recommend that you request a voluntary schedule of condition before works start, recorded by a competent surveyor.

Scope creep: If works change, the original consent might not cover the revised scope; new notice(s) may be needed.

Option 2: Dissenting and Appointing Surveyor(s)

When to consider: Structural interventions (e.g., cutting into or underpinning a party wall), excavations near your foundations, complex sequencing, or where you need formal protections.

How the Dispute Resolution Works (Section 10)

Appointment: You may appoint your own surveyor, or agree to a single Agreed Surveyor to act impartially for both owners. Appointments must be in writing and cannot be unilaterally rescinded.

Surveyor Review: The surveyor(s) examine drawings, method statements, structural details, and may request revisions or safeguards (e.g., temporary works, monitoring, protection to finishes).

Schedule of Condition: A detailed pre‑works record of your property to benchmark any damage claims.

The Party Wall Award: The Award typically sets out:

Scope and method of works (including special foundations and temporary works, as applicable).
Working hours and sequencing; noise/dust control.
Access arrangements and rights of entry (including notice periods and site conduct).
Damage procedures, making good versus compensation, and timelines.
Security for expenses where appropriate (see below).
Who pays costs (usually the building owner).

Scope and method of works (including special foundations and temporary works, as applicable).Working hours and sequencing; noise/dust control.Access arrangements and rights of entry (including notice periods and site conduct).Damage procedures, making good versus compensation, and timelines.Security for expenses where appropriate (see below).Who pays costs (usually the building owner).

Service and Appeal: The Award is served on both parties and is binding. Either party has 14 days to appeal to the county court on points of law or jurisdiction. Works normally proceed unless stayed by the court.

Costs and Who Pays

Reasonable costs of making the Award and reasonable inspections are typically determined by the surveyor(s) and are usually payable by the building owner. Where additional works are requested for your benefit (via counter notice), a fair contribution may be due from you.

Security for Expenses

If there is a risk of incomplete works or exposure of your property (e.g., basement excavations), you may require the building owner to lodge security for expenses prior to starting - a sum held by a RICS regulated firm of surveyors or a solicitor. The Award can specify the amount, form, and release conditions.

Option 3: Serving a Counter Notice

A Counter Notice lets you capitalise on the neighbour’s works to achieve beneficial outcomes (e.g., raising a party fence wall to enclose a future extension, building in flues or recesses). It must be served within 1 month of the original notice and should include sufficient particulars (plans/sections/specification).

Reasonableness and Compliance

The building owner must generally comply unless the requested works would cause injury, unnecessary inconvenience, or unnecessary delay. Surveyors evaluate reasonableness and programme impacts, and will apportion costs where appropriate.

If You Do Nothing (Deemed Dissent)

If you do not reply within 14 days, the Act treats you as having dissented. The building owner can then request that you appoint a surveyor; if you do not appoint within 10 days of that request, the building owner may appoint a surveyor on your behalf. To retain control over representation, respond promptly and appoint someone you trust.

Validity of Notices and Service

Content: Notices must identify the building owner, describe the proposed works with sufficient particulars (and for special foundations, include plans/sections/load details), and state the intended start date.

Timing: Served in accordance with minimum lead‑in periods (typically 1 or 2 months depending on section). Notices lapse if works do not begin within 12 months of service or are not prosecuted with due diligence.

Service methods: Personal delivery, post to last known UK address, or (where the recipient has agreed) electronic service to a specified email/electronic address. If serving “the owner” of unnamed premises, affixing to a conspicuous part of the premises is permitted.

Tip: If you suspect a defect (wrong names/addresses, insufficient particulars, missing timings), obtain professional advice quickly. Issues should be raised before deadlines expire.

Rights of Entry, Protection, and Making Good

Access: Subject to proper notice (except in emergencies), the building owner and their contractors may access your land/premises to carry out works authorised by the Act or Award. The Award should specify notice periods, protections, and conduct on site.

Protection: The building owner must carry out reasonable temporary protections (hoarding, shoring, weathering) and prevent unnecessary inconvenience.

Damage: The building owner must make good any loss/damage caused by works under the Act or pay compensation in lieu, as determined by the surveyor(s) and Award.

Special foundations: These cannot be placed on your land without your prior written consent (the Award will deal with consequences if consent is given/withheld).

Step‑by‑Step: Best Practice for Adjoining Owners

Log the date of receipt: Your 14‑day response clock starts on service.

Check scope and drawings: Ensure the notice matches actual proposals; request missing details (sections, method statements, sequencing) if needed.

Risk‑assess: Consider proximity to foundations, proposed cut‑ins, and temporary works. For higher‑risk schemes, dissent is often prudent.

Choose representation: Identify an experienced party wall surveyor. If a single Agreed Surveyor is proposed, confirm independence and expertise.

Consider security for expenses: Particularly for basements, deep excavations, underpinning, or staged demolitions.

Insist on a schedule of condition: Whether consenting or dissenting, a robust baseline record is invaluable.

Keep communication civil and in writing: Goodwill plus a clear paper trail keeps projects on track and reduces disputes.

FAQs – How to Respond to a Party Wall Notice

Do I have to respond in writing?

Yes. Responses (consent, dissent, or counter notice) should be given in writing within the statutory time limits. If you do not respond within 14 days, dissent is deemed and the dispute resolution process starts.

Who pays the surveyor’s fees if I dissent?

Typically the building owner pays the reasonable costs of the Award and reasonable inspections. If you request additional works for your own benefit under a counter notice, you may contribute to those costs.

Can I change my mind after consenting?

Consent relates to the works described. If the design materially changes, fresh notice(s) may be required and you can reassess. If you simply reconsider after valid consent with no change in scope, moving to dissent is not straightforward—seek advice.

What if the notice looks defective?

Defects may affect validity (e.g., insufficient particulars, wrong parties, missing lead‑in). Raise issues promptly and seek professional input. Depending on the defect, the building owner may need to re‑serve correctly.

What is a schedule of condition and why is it important?

It is a detailed photographic and descriptive record of your property taken before works begin. It underpins damage assessments and ensures that like‑for‑like making good or fair compensation can be determined quickly.

What is “security for expenses”?

A sum of money or bond provided by the building owner before works begin, intended to safeguard you if works are not completed or cause exposure. The Award specifies amount, mechanism, and release conditions.

Can the contractor enter my land?

Yes, if authorised by the Act/Award and with the requisite notice (except in emergencies). The Award should set access routes, timings, protections, and site rules.

How long does a Party Wall Award last?

The Award governs the authorised works and typically includes programme parameters. Notices lapse if works don’t begin within 12 months of service or aren’t prosecuted diligently; Awards often echo or enforce these timelines.

Can I appeal a Party Wall Award?

Yes. Either party can appeal to the county court within 14 days of service, usually on points of law or jurisdiction. Obtain specialist advice swiftly if you intend to appeal.

Get in Touch - How to Respond to a Party Wall notice

Making the right choice—consent, dissent, or counter notice—protects your property and helps your neighbour’s project proceed safely. Anstey Horne acts for adjoining owners nationwide, delivering impartial, technically robust advice and clear, enforceable Awards. Contact us for a rapid review of your notice and practical guidance on how to respond to a party wall notice tailored to your property and risk profile.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

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For a quick online quote for Party Wall advice, send us the details of your project. For more articles on all aspects of the Party Wall Act see our blog.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you are planning work that is covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property please contact: