Your neighbour has just posted a party wall notice through your letterbox, and you're not sure what to do next. Don't panic. This comprehensive guide explains your legal rights, responsibilities, and the exact steps you need to take when you receive a party wall notice in London.
Understanding What You've Received
A party wall notice is a formal legal document served under the Party Wall etc. Act 1996. Your neighbour (the "building owner") must serve this notice before carrying out certain types of building work that affects a shared wall, boundary, or nearby excavation.
Types of Party Wall Notices
There are three main types of notices you might receive:
- Party Structure Notice (Section 2): For work directly affecting an existing party wall, such as underpinning, cutting into the wall for steel beams, raising the wall height, or removing chimney breasts
- Line of Junction Notice (Section 1): For building a new wall directly on the boundary line between properties
- Notice of Adjacent Excavation (Section 6): For digging foundations or excavations within 3 metres (and below your foundation level) or 6 metres (and within a 45-degree angle to your foundation) of your property
Your Legal Rights as an Adjoining Owner
Under the Party Wall Act 1996, you have specific rights that protect your property and interests:
- Right to be notified: You must receive formal written notice before work begins (2 months for Section 2 notices, 1 month for Section 1 notices)
- Right to appoint a surveyor: You can appoint your own surveyor at your neighbour's expense
- Right to a party wall award: If you dissent or don't respond, a formal award must be prepared detailing the work, protective measures, and schedule of condition
- Right to compensation: If your property is damaged, you're entitled to compensation and repairs
- Right to refuse certain works: You can refuse works that go beyond the Act's provisions
Your Three Response Options (14-Day Deadline)
When you receive a party wall notice, you have 14 days to respond. You have three options:
Decision Tree: How Should You Respond?
Option 1: Consent (Give Permission)
When to choose: Simple, straightforward work you're comfortable with; good relationship with neighbour; minor alterations only.
Result: Work can proceed without a party wall award. However, you may want a schedule of condition even if you consent.
Risk: No formal protection if something goes wrong.
Option 2: Dissent (Withhold Consent)
When to choose: Significant structural work; concerns about damage; want formal protection; complex projects like basement excavations.
Result: Party wall award must be prepared with protective measures, schedule of condition, and dispute resolution mechanism.
Recommendation: Most advisable for major works – protects your legal rights.
Option 3: Don't Respond (Default Dissent)
What happens: After 14 days, you're deemed to have dissented. A party wall award process begins automatically.
Result: Same as Option 2, but you've lost control over appointing your own surveyor initially.
Warning: Not recommended – respond actively to protect your interests.
Step-by-Step: What to Do When You Receive a Notice
Day 1-2: Review the Notice Carefully
Check that the notice contains:
- Detailed description of the proposed works
- Clear drawings or plans
- Proposed start date (must be at least 2 months away for Section 2, 1 month for Section 1)
- Your neighbour's name and address
- Your response options and the 14-day deadline
Day 3-5: Assess the Proposed Works
Ask yourself:
- How extensive is the work?
- Could it damage my property?
- Is it a basement excavation, loft conversion, or extension?
- Am I comfortable with the level of risk?
Day 6-10: Consult a Party Wall Surveyor
Highly recommended for:
- Basement extensions and excavations
- Structural alterations to party walls
- Any works you're uncertain about
A surveyor can review the notice, explain implications, and advise on your best course of action – at your neighbour's expense.
Day 11-14: Submit Your Response
Respond in writing to your neighbour. Your response should:
- Reference the notice date and type
- State your decision clearly (consent or dissent)
- If dissenting, appoint a party wall surveyor or request an Agreed Surveyor
- Keep a copy for your records
- Send by recorded delivery or hand-deliver with proof
What Happens After You Dissent?
Dissenting is not confrontational – it simply triggers the formal party wall process for your protection. Here's what happens next:
- Surveyor Appointment: You appoint your own surveyor (your neighbour pays their fees), or both parties agree on one "Agreed Surveyor"
- Schedule of Condition: Your surveyor inspects your property and documents its current condition with photographs and detailed notes
- Party Wall Award: The surveyor(s) prepare a formal award document setting out:
- Permitted works and methods
- Working hours and access arrangements
- Protective measures (like temporary support)
- Reference to the schedule of condition
- Dispute resolution procedures
- Work Begins: Once the award is served, work can start (but not before)
- Post-Completion Inspection: Your surveyor checks for any damage against the schedule of condition
Who Pays?
The building owner (your neighbour) pays for:
- Their own surveyor's fees
- Your surveyor's fees (yes, even though you appointed them)
- Preparation of the party wall award
- Any damage repairs
Common Mistakes to Avoid
❌ Don't Do This:
- Ignore the notice – you'll lose control over the process
- Miss the 14-day deadline – respond promptly
- Give verbal consent – always respond in writing
- Agree to works you don't understand – seek professional advice
- Try to block reasonable works – the Act gives your neighbour certain rights
- Agree to pay surveyor fees – this is your neighbour's responsibility
When to Seek Professional Help
You should always consult a party wall surveyor if the notice involves:
- Basement excavations: High risk of subsidence or structural movement
- Underpinning works: Directly affects your property's foundations
- Structural alterations: Cutting into party walls, removing chimney breasts, or inserting steel beams
- Complex loft conversions: Raising party walls or significant roof alterations
- Commercial developments: Large-scale projects with higher risks
A qualified party wall surveyor will:
- Review the notice and advise on your best response
- Protect your legal rights throughout the process
- Ensure a comprehensive schedule of condition is prepared
- Monitor the works if necessary
- Handle any disputes that arise
- Ensure proper remediation if damage occurs
Sample Response Letter Templates
Template 1: Consent Response
[Your Address]
[Date]
[Neighbour's Name]
[Neighbour's Address]
Dear [Neighbour's Name],
Re: Party Wall Notice dated [Date] – [Type of Notice]
I am writing to confirm that I consent to the proposed works described in your party wall notice dated [Date].
I understand that this consent is given without prejudice to my rights under the Party Wall etc. Act 1996 should any damage occur to my property as a result of your works.
Yours sincerely,
[Your Name]
Template 2: Dissent Response
[Your Address]
[Date]
[Neighbour's Name]
[Neighbour's Address]
Dear [Neighbour's Name],
Re: Party Wall Notice dated [Date] – [Type of Notice]
I am writing in response to your party wall notice dated [Date]. I withhold my consent to the proposed works (dissent) and require a party wall award to be prepared in accordance with the Party Wall etc. Act 1996.
I appoint [Surveyor Name] of [Surveyor Company] as my surveyor for this matter. Their contact details are:
[Surveyor Contact Details]
I understand that all reasonable surveyor fees will be met by you as the building owner.
Yours sincerely,
[Your Name]
Frequently Asked Questions
No, you cannot refuse works that are permitted under the Party Wall Act 1996. However, you can dissent to ensure proper procedures are followed, protective measures are in place, and you have a schedule of condition. The Act gives building owners the right to carry out certain works, but also gives you the right to protection.
No. The building owner (your neighbour) must pay all reasonable surveyor fees, including your surveyor's fees if you appoint one. This is a legal requirement under Section 10 of the Party Wall Act 1996.
If you don't respond within 14 days, you're automatically deemed to have dissented. A "dispute" is considered to have arisen, and the party wall award process begins. However, you lose some control because you haven't actively appointed your own surveyor.
Yes. Through your surveyor, you can negotiate working hours, access arrangements, and additional protective measures. However, you cannot prevent reasonable works that fall within the Act's scope. The party wall award process allows for negotiation on methods and safeguards.
If you have a schedule of condition and party wall award in place, any damage can be clearly identified and must be repaired by your neighbour at their expense. This is why dissenting and having proper documentation is so important – it protects your ability to claim for damage.
An Agreed Surveyor (one surveyor acting for both parties) is faster and cheaper, suitable for straightforward projects. However, for complex or high-risk works (basements, underpinning), appointing your own surveyor gives you dedicated representation. Your surveyor works solely in your interests.
Received a Party Wall Notice?
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Get Free Expert AdviceConclusion: Protect Your Rights by Responding Promptly
Receiving a party wall notice doesn't have to be stressful. By understanding your rights, responding within the 14-day deadline, and seeking professional advice for complex works, you can ensure your property is properly protected throughout your neighbour's building project.
Key takeaways:
- You have 14 days to respond – don't ignore the notice
- Dissenting is not confrontational; it's protective
- Your neighbour pays all surveyor fees
- A schedule of condition is essential for major works
- Professional advice costs you nothing and protects your interests
For complex works like basement excavations, loft conversions, or structural alterations, always consult a qualified party wall surveyor. Their expertise ensures the process runs smoothly and your property remains protected.