If I receive a Party Wall Notice what are my options?

Once you receive a Party Wall Notice from your neighbour you have a few options. I will outline the 3 main positions you could take. There are further options within these three positions as you will see.


Scenario A - You are happy to proceed WITHOUT A FORMAL AGREEMENT

Why - You are not concerned by the impact of the work on your property either during the work or after. The proposed job is simply and/or you are happy your neighbours and their builder will be considerate of you, your family and your property’s needs.

Action - Consent to the Notice within 14 days. If you do nothing see Scenario C.

Worth Noting - It is still a sensible precaution to ask your neighbour to have their Surveyor carry out a Schedule of Condition which accurately describes the pre-building works condition so claims for damages are clearer and easier.


Scenario B - Happy to proceed but WITH A FORMAL AGREEMENT

Why - You are concerned by the impact of the work on your property either during the work or after. The proposed job is not particularly simple and/or you are not entirely confident your neighbours and their builder will be considerate of you, your family and your property’s needs

Action - Dissent to the Notice. Either agree to use your neighbour’s Surveyor or if you wish, instruct your own (either way normally at your neighbour’s expense).

Worth Noting - Your neighbour will have their Surveyor carry out a Schedule of Condition. If you appoint another Surveyor he will sign off the Schedule of Condition created by your neighbour’s Surveyor. Appointing another Surveyor will cost your neighbour more money which can sometimes put a strain on neighbourly relations.


Scenario C - NOT BOTHERED

Why - You do not think it is important, you are busy or expect to be away while work is ongoing or you are a Landlord so don’t care about the disruption.

Action - If you don’t have any problems with your neighbours plans this is not the way to go. If there is no reply to the Notice within 14 days this is known as ‘Deemed Dissent’. Either agree to use your neighbour’s Surveyor or if you wish, instruct your own (either way at your neighbour’s expense).  If you continue to take no action the Building Owner’s Surveyor can appoint a Surveyor on your behalf. This is to prevent you from causing an unnecessary delay.

Worth Noting - Your neighbour will have their Surveyor carry out a Schedule of Condition which accurately describes the pre-building works condition so claims for damages are clearer. If you do not allow the Surveyor access to carry out a Schedule of Condition this may harm your attempt to claim for damages. Appointing another Surveyor will cost your neighbour more money which can sometimes put a strain on neighbourly relations.



You will note that whatever your position it makes sense for you to ask your neighbour to have their Surveyor carry out a Schedule of Condition which will accurately describe the pre-building works condition. This will make it easier for you to establish the exact damage caused and make any claim a more straight forward process.

Whoever you appoint as Party Wall Surveyor they are legally required to act impartially. We pride ourselves on delivering an honest, reliable service with a focus on achieving an equitable outcome for all parties involved.

Appointing another Surveyor will lead to increased costs and delays for your neighbour but in practice should deliver an identical result for you.

It is entirely up to you to appoint your choice of Surveyor but remember, appointing an Agreed Surveyor will save your neighbour time and money which we think is the neighbourly thing to do. We hope you agree.


If you need advice on how to deal with a Party Wall Notice call us for FREE NO OBLIGATIONS ADVICE on 077300 18236 or email info@coburnspartywall.co.uk

Karmjit Grewal MFPWS
Coburns Party Wall
www.coburnspartywall.co.uk