Party Wall Notice: How to Proceed After Being Served

Your neighbor may serve you with a Party Wall Notice with regards to the upcoming construction work on the Party Wall. In this scenario, you have three options. You may ignore this notice. You may agree to this notice. You may even dissent/disagree to this notice.

There are consequences for all these actions; however, it depends upon the type of action. See them below…

Your neighbor may consult with you with regards to this issue or may appoint a party wall surveyor if you do not reply to this notice.

You have to sign the ‘acknowledgement’ letter that is enclosed together with the Party Wall notice if you agree to the notice. Signing this letter attests to the fact that you agree to the construction work.

A formal dispute between you and your neighbor will start if you disagree to this notice. Your neighbor may appoint a Party Wall Surveyor to resolve this issue. You also have the liberty to appoint a surveyor in order to represent your interest.

According to the Party Wall etc. Act 1996, you will be identified as an ‘adjoining owner’ as you received the notice and your neighbor is identified as the building owner as he/she served you with the notice. The type of the construction work that is outlined on a notice may vary from one project to another.

For example, a ‘building owner’ may want to build an extension, amend/modify the structure of party wall or may work close to a building’s foundation. A ‘building owner’ may even serve you with a notice if he/she needs to carry out excavations near neighboring buildings.

Appointing Solicitors

If you dissent/disagree to the construction work outlined on the party wall notice, then you may appoint a solicitor to represent your interest in the party wall dispute. You may even appoint a qualified and experienced party wall surveyor instead of appointing a solicitor.

Consenting to Construction Work

The simplest option after being served with a notice is to consent to the construction work outlined on it. If you agree to a notice, then you are permitting a ‘building owner’ to move forward with the proposed construction works within the specified timeline. It is a prudent action if the construction work does not damage your property. However, it is essential to ensure that the outlined construction works are relevant to the Party Wall Act.

It is not uncommon for an ‘adjoining owner’ to receive an incorrectly drafted notice or letter. A notice being served to an ‘adjoining owner’ may be invalid due to technicality. It may be impossible for you to identify this mistake due to lack of knowledge with regards to the aforementioned act. However, the construction work is not supposed to start until the flawed notice has been corrected and redrafted and has been reserved on all affected parties.

Consenting with Conditions

If you want an additional construction work to be done on the party wall alongside the proposed construction work by a building-owner, then it is essential for you to serve a ‘counter-notice’.

According to the Party Wall Act 1996, an adjoining owner has the legal right to ask for an amendment to the proposals. However, you have to make a financial contribution to the construction project if this amendment benefits your property. A ‘building-owner’ is allowed to consider this request. He/she may seek the advice of a surveyor to ensure that this request is permitted by the Party Wall etc. Act or to learn about the impact of this amendment on his/her property.

You may ask an appointed party wall surveyor to record the condition of your property in writing and to collect the photographs of a property as evidence earlier to starting the construction work.

Dissenting from Construction Work

It is possible to delay a construction project if you sign the Acknowledgement notice as disagreeing to the work. It informs a building owner regarding your objection and he/she may try to resolve this issue through a discussion with regards to your objection or may appoint a party wall surveyor. You may even propose to appoint a surveyor to represent your own interests.

A ‘building owner’ is supposed to pay the consultation fees of all appointed surveyors. However, in exceptional circumstances, an adjoining owner is supposed to pay the consultation fee of the party wall surveyor who represents his/her interest in the party wall dispute.

Ignoring the Party Wall Notice

You will gain nothing from ignoring the party wall notice, as it turns into an automatic dissent/dispute after a few days. However, this process protects an adjoining owner if he/she is away from home for a few days and cannot learn about the notice until coming back home.

Agreed Surveyor

It is prudent to work with an agreed surveyor if a ‘building owner’ is going to perform a simple construction work. For example,

Altering/rebuilding/repairing a party chimney stack on the roof.

Cutting out and replacing the damaged bricks of a shared parapet wall that rises above the roof level.

It is prudent to work with separate party wall surveyors if there is complex construction work (piling work, opening up a structure, deep excavations) or if a surveyor has to monitor the structure during the construction.

Each party is supposed to formally appoint a surveyor within a specified timeline and both surveyors work together in order to reach a party wall agreement that is known as ‘Party Wall Award’.