You have 14 days
The clock starts on the day the notice is served on you. Within 14 days you should reply in writing. If you do not, the Act treats it as dissent for work to a shared wall or an excavation, and surveyors will be appointed whether you like it or not. If the notice is for a new wall astride the boundary, saying nothing means your neighbour cannot build it there and must build wholly on their own land.
Your three options
| You can | What it means |
|---|---|
| Consent | You agree to the work as described. It is quick, but without a schedule of condition you have no record of your property’s state. |
| Dissent and agree a surveyor with your neighbour | One agreed surveyor acts impartially for you both. Usually the quickest and most economical. |
| Dissent and appoint your own surveyor | Your surveyor looks after your interests and the two surveyors agree the award. The building owner normally pays both. |
Dissenting is not hostile. It is the normal way to start the process that protects your home, and it does not stop your neighbour building.
What a surveyor does for you
- Checks that the notice is valid and the description of the work is clear
- Records your property in a schedule of condition before work begins
- Helps agree the award: working hours, protection, access and what happens if there is damage
- Deals with your neighbour and their builder, so you do not have to
- Steps in if something goes wrong during the work
What it costs you
Usually nothing. The building owner pays the reasonable fees of your surveyor, because the work is for their benefit. Exceptions exist, for example where you ask for extra work purely for your own benefit. If you have been sent a letter by a surveyor you do not know, you can still choose any surveyor you like.
Before you reply
Call us, free of charge, on 0800 999 1947. Read the notice out to us and we will tell you what it means and how to answer it. For a step-by-step guide see how to respond to a party wall notice. If your neighbour has started work without serving a notice, see what to do. If the work next door is on the roof, see roofing work and the Act for what needs a notice and what does not.
Questions from neighbours
Can I stop my neighbour doing the work?
Not through the Party Wall etc. Act 1996. The Act decides how the work is done and protects your property. If you object to the development itself, that is for the planning process.
Will I have to pay for a surveyor?
As a general rule the building owner pays the reasonable costs of your surveyor too, because the work is for their benefit. The award sets out who pays what, and costs must be reasonable.
What happens if I just ignore it?
For work to a shared wall or an excavation, silence for 14 days is treated as dissent. The building owner can then serve a ten-day notice, and if you still do not appoint a surveyor they can appoint one on your behalf. You lose the choice.
My neighbour is friendly and says it will be fine. Should I still reply?
Yes, in writing and on time. Friendliness is not protection. A schedule of condition and an award record what is agreed and give you a route to put right any damage.