Do not ignore it
For work to a shared wall or an excavation near your building, silence for 14 days counts as dissent. The building owner can then ask you in writing to appoint a surveyor, and if you do not do so within 10 days they can appoint one on your behalf. You lose the choice of who looks after your property. A reply that is a day or two late is better than none, but do not plan on it.
Step 1: note the date you received it
The 14 days run from the day the notice is served on you. If it was handed to you, that is the day you received it. If it came by post, keep the envelope and write the date it arrived on the notice. Put the last day for your reply in your diary now.
Step 2: find out which kind of notice it is
The notice will usually say which part of the Act it is made under. If it does not, the work it describes will tell you.
| Notice | What it is about | Minimum notice before work starts |
|---|---|---|
| Party structure notice (Section 3) | Work to a shared wall or floor, such as beams cut into it, a raised wall or a removed chimney breast. See Section 3 notices | 2 months |
| Notice of excavation (Section 6) | Digging near your building, below the level of your foundations. See Section 6 notices | 1 month |
| Line of junction notice (Section 1) | A new wall on the boundary between your land and theirs. See Section 1 notices | 1 month |
Step 3: check what it says
A valid notice is in writing and should show:
- the building owner’s name and address
- the address of the building where the work will happen
- that it is a notice under the Party Wall etc. Act 1996
- a clear description of the work, with plans and sections if there is excavation or special foundations
- the date the work is due to start
If any of these is missing or vague, tell us. A notice that is not valid has no legal effect, although the building owner can serve a new one. Do not use a flaw as a reason to stay quiet. Reply anyway.
Step 4: decide how to respond
You have three choices, and none of them stops your neighbour building.
- Consent to the work in writing.
- Dissent and agree one surveyor with your neighbour, who acts impartially for you both.
- Dissent and appoint your own surveyor.
Our guide to how to respond to a party wall notice explains each choice and includes wording you can adapt.
Step 5: reply in writing and keep proof
Send your reply to the address given in the notice. Hand delivery with a dated copy, or a postal method that gives proof of delivery, is best. Keep copies of everything.
Step 6: ask for a record of your property
Whichever response you choose, ask for a schedule of condition before work starts. It is a written and photographed record of your home as it is now. If a crack appears later, it shows whether it was already there. The building owner normally pays for it.
What not to do
- Do not ignore the notice or hope the work will not happen.
- Do not sign a consent form you have not understood, or for work you cannot picture because the drawings are missing.
- Do not rely on a verbal promise from your neighbour or their builder that “it will be fine”.
- Do not feel obliged to use a surveyor who writes to you. Some firms contact neighbours after seeing a planning application. You can choose any surveyor you like.
Who pays
As a general rule the building owner pays the reasonable fees of your surveyor, because the work is for their benefit. The award sets out who pays what. Read who pays for a party wall surveyor.
Free help reading the notice
Call us on 0800 999 1947. Read the notice out, or email a photo of it, and we will tell you what it means, what your deadline is and what the sensible reply would be. There is more on what we do for adjoining owners.
Questions from people who have received a notice
Does a party wall notice mean my neighbour has planning permission?
No. A party wall notice and planning permission are separate. The notice tells you what work is planned and when it is due to start. It does not mean the council has approved anything. You can look up planning applications on your council’s website, but objections to the development itself go through planning, not through the Party Wall etc. Act 1996.
Can I ask my neighbour for more time to reply?
You can ask, but do not rely on the answer. The 14 days are set by the Act. If you need longer to understand the notice, the safe course is to reply in writing within the 14 days saying that you do not consent, and then sort out the detail with a surveyor. Call us for free and we will read the notice with you.
The notice arrived by email. Is it valid?
Not necessarily. The Act sets out how a notice must be served, mainly by hand or by post to your usual or last known address, and email is not a safe method unless you have agreed to receive notices that way. Do not treat that as a reason to relax. The work may still go ahead, and the building owner can serve the notice again properly. Send it to us and we will check it.
I rent my home. What do I do with a notice?
Give it to your landlord straight away. The Act speaks of owners, and a tenant with a short tenancy is not one. The person who owns the property, or holds a long lease of it, has the rights and the deadline. Do not assume that the building owner has also served your landlord. See flats, leaseholders and tenants.