Party Wall Advice for Adjoining Owners

Have you received a Party Wall Notice from your neighbour and are unsure how to respond?

Are you looking for guidance on what these documents mean for you and your property, and what your options are?

Please call us on 020 7736 2382 to speak with one of our Party Wall surveyors, or request for them to contact you directly.

Once a Party Wall Award is served, our fees for producing it are covered in that document, and in most circumstances your neighbour, and not you, will be responsible for payment.

Our role is to manage the process on your behalf and ensure the works are carried out in a way that avoids any damage to your property.

Should any damage occur, and if you're unable to resolve the issue with your neighbour, we are here to continue assisting you in reaching a solution.

We’re always available to help.

In normal circumstances our fees are paid by your neighbour (the building owner) who has served the Notice to you (the adjoining owner).

• Receiving a Notice:

  • The person planning the building work (your neighbour) must send you a Notice explaining what work they intend to do.
  • They might send this themselves or use a surveyor to serve it for them.

• Your Response:

  • You’ve received this Notice, likely with a letter and a form to complete.
  • You have two options:
    • Consent (agree to the works).
    • Dissent (disagree or have concerns about the works).

• What happens if you dissent?

  •  If you dissent (do not consent), both you and the building owner must each appoint a party wall surveyor in writing. The legislation states a 'dispute' has arisen under the Act if you dissent, but that does not mean you have had a disagreement with your neighbour.

• Surveyor’s Role:

  • The surveyor (or surveyors if both sides appoint one) must resolve the 'dispute' by preparing and serving a statutory on the owners which sets out the timing and also the manner in which the works must be executed, plus some other matters, including who will pay for the making of their decision.

• Surveyor’s Award:

  • The statutory decision the surveyor(s) will serve on the parties is called an Award.

  • This decision is final and cannot be challenged in court (under section 10(16)).

• What if you disagree with the Award?

  • After the Award is served, you have 14 days to apply to the County Court to have it changed or cancelled (under section 10(17)(a)).

At Harding Chartered Surveyors, we understand how overwhelming and confusing this process can seem. The formal language may feel unfamiliar, leaving you concerned about what it all means for your property.

We’re here to help. Our team is ready to guide you through the process and explain everything clearly, ensuring you understand each step and your rights.

The Party Wall procedure is an alternative dispute resolution process designed to deal with circumstances, and provide rights, that might not otherwise exist if the matter were dealt within common law.

The procedure is designed to enable neighbours to reach a neighbourly resolution to a technical dispute that might arise under the Act.

You cannot dispute the exercising of statutory rights. However, you can require that you be represented by a surveyor to deal with the matter for you, and make an Award to determine the ‘timing and manner’ in which the proposed works are to be executed.

The Act suspends normal common law rights of the neighbour, while at the same time providing them with statutory rights of, in some instances repair, and in all instances compensation for any loss or damage they might suffer or incur as a result of the works notified in accordance with the Act being carried out.

The process is designed to be undertaken by practical and pragmatic party wall surveyors.

Despite it being a statutory procedure it is not intended to involve lawyers.

All party wall surveyor appointments are statutory appointments made in writing, and once appointed that appointment cannot be withdrawn by an owner.

The legislation uses the phrase ‘appointing owner’ and not ‘client’. This language is used to reflect the status of the statutory role. The role of any appointed party wall surveyor is to ensure the intentions and purpose of the legislation is carried out.

Once appointed a party wall surveyor role is almost quasi-judicial.

Whether we act as agreed surveyor or are appointed by only one of the owners and the other owner has their own surveyor, the appointed surveyors have a duty of care to both owners.

They must ensure the building owner, who is carrying out the works, can exercise their statutory rights and at the same time that appropriate safeguards and protections are put in the Award to protect the neighbour, the adjoining owner so as not to cause unnecessary inconvenience.

There is no place for the surveyor(s) to be partisan. Whether as an Agreed surveyor, or a surveyor appointed by only one party, their responsibility is to follow the purpose and spirit of the Act and ensure the rights and protections afforded to the owners by the Act are carried through.