1. Don’t panic — and don’t ignore it
A party wall notice isn’t a threat or a legal action against you. It’s your neighbour following the proper legal process before carrying out building work. The Party Wall etc. Act 1996 protects both sides: building owners can proceed with legitimate work; adjoining owners (that’s you) get protection and oversight.
That said, don’t ignore the notice. You have 14 days to respond. If you don’t respond, you’re deemed to have dissented — which isn’t necessarily bad (see below), but engaging actively puts you in a stronger position.
2. Understand what you’ve received
There are three types of notice under the Act, depending on what work is proposed:
Party Structure Notice — Your neighbour is planning work to a party wall (a wall on the boundary line shared between your properties). This might include cutting into the wall, inserting beams, raising the height, or underpinning.
Line of Junction Notice — Your neighbour is planning to build a new wall on or at the boundary line between your properties.
Notice of Adjacent Excavation — Your neighbour is planning to excavate near your building. Even though the work is on their land, if it’s within certain distances and depths, the Act applies.
The notice should describe the proposed work and when it’s intended to start. Review it carefully to understand what’s planned.
3. Your response options
Within 14 days, you can:
Consent — You agree to the work proceeding as described. Your neighbour can start (after the notice period expires) without further formality. This is appropriate for straightforward work where you trust your neighbour and aren’t concerned about protection.
Dissent — You don’t agree to the work proceeding without the protection of a formal party wall award. This triggers the appointment of surveyors and the award process (see below). This sounds adversarial but is actually the normal process for most work — it provides proper protection for both sides.
Don’t respond — If you don’t respond within 14 days, you’re deemed to have dissented. The award process kicks in automatically.
For most situations involving significant work, dissenting and going through the award process is the sensible choice. It gives you professional representation and documented protection — at your neighbour’s expense.
4. The award process
When you dissent (or don’t respond), the next step is appointing surveyors:
Option A: Agreed surveyor — You and your neighbour can agree to appoint a single surveyor to act for both of you. This is simpler and cheaper, but you’re sharing one professional rather than having your own representative.
Option B: Two surveyors — You appoint your own surveyor; your neighbour appoints theirs. The two surveyors work together to produce the award. This gives you independent representation.
If you want your own surveyor, you must appoint one within 10 days of dissenting (or being deemed to have dissented). If you don’t, your neighbour can appoint a surveyor to act for you — which you probably don’t want.
Important: your surveyor’s fees are paid by your neighbour (the building owner). This is the trade-off the Act provides — the person doing the work pays for proper process and protection.
5. What the surveyors do
The appointed surveyor(s) prepare a party wall award. This is a legal document that:
- Describes the proposed work in detail
- Sets conditions for how the work must be carried out
- Requires a Schedule of Condition of your property (documenting its state before work starts)
- Establishes rights of access for inspections
- Provides a mechanism for addressing any damage that occurs
- May include other protective measures specific to the situation
The award protects you. If damage occurs to your property during the works, the Schedule of Condition provides evidence of the pre-existing state, and the award provides a route to require your neighbour to make good.
6. What a Schedule of Condition does for you
As part of the award process, a Schedule of Condition is prepared for your property — typically for areas that might be affected by the proposed work.
This documents:
- Existing cracks, marks, and defects
- Current condition of walls, ceilings, floors
- Any existing damage or deterioration
Why this matters: If cracking or damage appears during or after the work, you need to distinguish between damage caused by the work and pre-existing conditions. The Schedule of Condition provides that baseline.
Without it, your neighbour might argue that the crack was already there. With it, you have photographic and written evidence of the condition before work started.
7. During the works
Once the award is made and work begins, you have certain rights:
Notification — Your neighbour should give you reasonable notice before work starts.
Access for inspections — Your surveyor can inspect the work in progress to check compliance with the award.
Monitoring — If damage appears during the works, document it and notify your surveyor promptly.
Working hours and conduct — The award may specify permitted working hours and conduct requirements. Your neighbour must comply.
8. If damage occurs
One of the key protections of the party wall process is the mechanism for addressing damage:
- Document everything — Photographs, dates, descriptions
- Notify your surveyor — They’ll inspect and assess
- Compare to Schedule of Condition — Is this new damage or pre-existing?
- Pursue through the award — If the damage is caused by the works, the award provides a route to require your neighbour to make good
This is why the formal process matters. Without an award and Schedule of Condition, damage disputes become your word against theirs — often ending in expensive litigation.
Key Takeaways
- Don’t ignore the notice — you have 14 days to respond
- Dissenting is normal — it triggers proper protection via the award process
- Appoint your own surveyor — for independent representation (paid by your neighbour)
- The Schedule of Condition protects you — it’s evidence if damage occurs
- The award is your protection — it sets conditions and provides recourse
- You don’t pay — your surveyor’s fees are paid by the building owner
Need Help?
If you’ve received a party wall notice and want to understand your options, we can help. We act as adjoining owner’s surveyor, protecting your interests throughout the process — at no cost to you, as the building owner pays our fees.
Related Services:
- Party Wall for Adjoining Owners — Full representation when neighbours do work
- Building Pathology & Defect Analysis — If damage needs investigation
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