Your three options
| Your response | What you tell your neighbour | What happens next |
|---|---|---|
| Consent | You agree to the work described in the notice | The work can go ahead once the notice period has passed. There is no award and no surveyor, so you have no formal record of your property unless you ask for one. |
| Dissent and agree one surveyor | You do not consent, and you suggest an agreed surveyor | One surveyor acts impartially for both owners, records your property and makes the award. Usually quickest and cheapest. |
| Dissent and appoint your own | You do not consent, and you name your surveyor | Two surveyors make the award together. If they cannot agree, a third surveyor settles the point. The building owner normally pays both. |
Dissenting is not hostile. It is the normal way to start the process that protects your home.
Which one should you choose?
Consent suits small, simple work that you understand and that is well away from your property. Even then, ask for a schedule of condition.
An agreed surveyor suits straightforward projects between neighbours who get on. It saves the building owner paying for two surveyors and tends to keep things friendly. The surveyor owes a duty to both of you and must be fair.
Your own surveyor suits large, deep or complicated work, such as a basement or underpinning, work close to your house, or any case where you simply want an adviser who acts only for you.
If you consent, the consent has to be to the notice as it was served. A reply that agrees only on conditions may be treated as a dissent, so if you have conditions in mind, put them to a surveyor instead.
Counter notices: asking for something in return
For work to a party wall (a Section 3 notice), the Act gives you a second tool. Within one month of the notice being served, you can serve a counter notice asking the building owner to include particular provisions in the work, for your benefit. Typical requests are for chimney breasts, flues, piers or recesses to be built into the wall where you reasonably need them, or for special foundations to be built in a way that helps you. Work that benefits you is generally at your expense, and the surveyors settle any disagreement about it.
A counter notice is separate from your reply. You can consent or dissent within the 14 days and also serve a counter notice within the month. They are uncommon and the rules on them are technical, so talk to a surveyor before you send one. See Section 3 notices.
What to put in your letter
You do not need legal language. Say clearly that you have received the notice, give its date and the address of the work, and say which response you are making. Here are two examples to adapt.
If you do not consent and suggest an agreed surveyor
Dear [building owner’s name],
Party Wall etc. Act 1996: notice dated [date] for [address of the work]
I received your notice on [date]. I do not consent to it, and I understand that a dispute has therefore arisen under the Act.
I suggest that we appoint [name and firm] as agreed surveyor to deal with the dispute for both of us. Please confirm in writing whether you agree. If you would prefer to appoint your own surveyor, I will appoint mine.
Yours sincerely, [your name and address]
If you consent
Dear [building owner’s name],
Party Wall etc. Act 1996: notice dated [date] for [address of the work]
I received your notice on [date] and I consent to the work it describes. Please would you arrange a schedule of condition of my property before work starts, at your expense, and send me a copy.
Yours sincerely, [your name and address]
These examples are a starting point, not legal advice. If your notice covers excavation, a basement or work to a chimney, read it with us before you send anything.
New walls on the boundary work differently
A Section 1 notice is about a new wall on the line of junction. Here your consent decides whether the wall can be built across the boundary. If you do not consent in writing within 14 days, your neighbour cannot build it there and must build wholly on their own land. See Section 1 notices.
Getting your reply to the right place in time
- Reply within 14 days of the day the notice was served on you.
- Send it to the address on the notice.
- Deliver it by hand and keep a dated copy, or use a postal method that gives proof of delivery.
- Keep the notice, your reply and the proof together.
What if you miss the 14 days?
For work to a party wall or an excavation, your silence is treated as dissent, so a dispute arises anyway. The building owner can then serve a written request asking you to appoint a surveyor. You have 10 days from that request. If you still do not appoint one, the building owner can appoint a surveyor to act for you. That surveyor must act fairly towards you, but you did not choose them. It is not too late to take control during those 10 days, so call us as soon as you realise.
What happens after you dissent
- The surveyor or surveyors are appointed.
- They check that the notice is valid and read the drawings.
- They record your property in a schedule of condition.
- They agree the award, which sets out the work, the hours, the protection and who pays.
- The award is served on both owners. Either owner can appeal to the county court within 14 days.
In our experience a straightforward award takes four to six weeks. The building owner cannot start the work covered by the notice until the award has been served.
Talk to us first
The first call is free. We will read the notice, tell you which response suits your situation and, if you want us to act, quote a fixed fee in writing. The building owner normally pays it. Call 0800 999 1947.
Questions about responding
Can I consent but still ask for a schedule of condition?
Yes. Consent to the notice and ask in the same letter for a record of your property to be made before work starts, at the building owner’s expense. Most building owners agree, because a record protects them from claims for damage that was already there. See schedule of condition.
Does dissenting stop the work or cost me money?
It does not stop the work. It means a surveyor decides how the work is done and protects your property. As a general rule the building owner pays the reasonable fees. The only effect on the timetable is the time the award takes, which a building owner should have allowed for.
Can I object to the work itself?
Not under this Act. The Act decides how work is done, not whether it may happen. Objections to the development go through the planning process.
Can I choose any surveyor?
Yes. The choice of your surveyor is yours, not the building owner’s. Choose someone with experience of party wall work who is independent of the building owner, and ask for their fee in writing before you appoint them.