At Graham Kinnear Property Consultant (grahamkinnear.com), we specialise in party wall matters throughout England and Wales namely those works which are covered by the Party Wall Etc Act 1996. If you’re neighbour is planning a building or renovation project that involves a shared wall, boundary, or structure with a neighbouring property, understanding your responsibilities under the Party Wall Act 1996 is crucial. Engaging a party wall surveyor is essential for ensuring that your project complies with legal requirements, protects your property rights, and maintains good relations with your neighbours. In this guide, we’ll explain when a party wall notice is required.
If your neighbours are planning a loft conversion, rear or side extension, removal of a chimney breast or even a new build dwelling then they are likely to need to comply with the Party Wall Etc Act 1996. Contact one of our experienced surveyors for free, no obligation, initial advice either by telephone or email.
How to Respond to a Party Wall Notice in the UK
If you’ve received a party wall notice in the UK, it means that your neighbour intends to carry out work that may affect a party wall, boundary, or shared structure between your properties. The notice is typically a legal requirement under the Party Wall etc. Act 1996. How you respond to this notice is important because it will help determine how the project proceeds and ensure that your rights are protected.
Here’s a step-by-step guide on how to respond to a party wall notice:
1. Read the Party Wall Notice Carefully
The first step is to thoroughly review the notice. It should contain essential information, such as:
- The type of work your neighbour plans to carry out (e.g., building on the boundary, digging near your foundations, or altering a shared wall).
- The proposed start date for the work.
- Details of the affected party wall (i.e., whether it is a wall, floor, or shared foundation).
- Your neighbour’s contact details.
If any information seems unclear or incomplete, you may want to ask for further clarification before making a decision.
2. Check if the Notice is Valid
Before you respond, ensure that the party wall notice meets the legal requirements:
- The notice must be served in writing and should include the proper information (e.g., a description of the work and the date it will start).
- The notice should have been served at least two months before the work is due to begin (for most cases, but this period may vary depending on the type of work).
If the notice is incomplete or hasn’t been served within the required notice period, you may be entitled to challenge it.
3. Decide Whether to Consent or Disagree
Once you’ve reviewed the notice, you need to decide how to respond. You have several options:
Option 1: Agree to the Work (Consent)
If you’re happy with the proposed works and you have no concerns, you can agree to the work. Your neighbour does not need to appoint a surveyor in this case, and work can proceed without further delays. You will typically be asked to sign a consent form to confirm your agreement.
Option 2: Object or Dissent
If you disagree with the work, you can dissent (object) to the notice. This means you don’t agree to the proposed work as outlined and you’re not giving consent. This could happen if:
- You have concerns about potential damage to your property.
- You feel the work will cause significant disruption.
- You disagree with the methods or timing of the proposed work.
If you dissent, your neighbour must appoint a party wall surveyor to resolve the dispute, and a party wall award will be created. This legally binding document will outline the terms under which the work can proceed.
Option 3: Request Modifications to the Proposed Work
If you have concerns but are open to the work going ahead, you can suggest modifications. You might want to negotiate aspects such as:
- The start date of the work.
- Working hours.
- How any potential damage will be repaired.
- How your access will be handled.
If your neighbour agrees to the modifications, the works can go ahead as amended. If they don’t agree, the dispute will need to be resolved by a surveyor.
4. What Happens if You Don’t Respond?
If you don’t respond within 14 days of receiving the notice, the notice is automatically treated as a dissent. This means that you are assumed to have disagreed with the proposed work, and the next step will be to appoint surveyors.
If you don’t wish to dissent but also don’t want to give consent immediately, it’s still a good idea to respond, even if it’s just to ask for more time or clarification on certain aspects of the project.
5. Appoint a Party Wall Surveyor (if Required)
If you decide to dissent or if the issue cannot be resolved informally with your neighbour, a party wall surveyor will need to be appointed. The surveyor’s role is to mediate the situation and create a party wall award. The award is a legally binding document that sets out the terms under which the work can proceed.
- Choosing a Surveyor: You can either:
- Appoint your own surveyor if you dissent. Your neighbour will appoint theirs, or,
- Agree on a single surveyor (sometimes called an “agreed surveyor”) who will act for both parties. This is often a more cost-effective option.
Surveyors will typically inspect both properties, create a schedule of condition (to record the state of your property before the work begins), and then issue a party wall award that outlines the conditions of the work, timelines, and how damage will be dealt with.
6. Seek Independent Advice if Unsure
If you’re unsure how to respond to the notice or if the situation seems complex, it’s always a good idea to seek independent advice from a party wall surveyor. They can help explain your rights and obligations and help you make an informed decision. Surveyors can also advise on whether the proposed work is covered by the Party Wall etc. Act 1996, ensuring that the proper legal procedures are followed.
7. Respond in Writing
Your response should be in writing, even if you’re agreeing to the work. It’s important to keep a record of your communication for future reference. If you are giving consent or raising concerns, make sure that your letter or email is clear and contains the following details:
- Your name and address.
- The date.
- A reference to the party wall notice you received.
- Your decision (whether you consent, dissent, or propose modifications).
- Any specific requests or conditions you want to address (e.g., timing, working hours, insurance, etc.).
Example Response Letter (Consent)
Here’s an example of a letter if you choose to give consent:
[Your Name]
[Your Address]
[Date]
Dear [Neighbour’s Name],
Re: Party Wall Notice – [Description of Work]
I am writing to confirm that I have received your party wall notice dated [insert date] regarding the proposed works at [address of your property]. After reviewing the details of the proposed works, I am happy to give my consent for the work to proceed as described.
Please do not hesitate to contact me should you require any further information or clarification.
Kind regards,
[Your Name]
Example Response Letter (Dissent)
Here’s an example of a letter if you choose to dissent:
[Your Name]
[Your Address]
[Date]
Dear [Neighbour’s Name],
Re: Party Wall Notice – [Description of Work]
I am writing to inform you that I do not agree to the proposed works described in the party wall notice you served on me dated [insert date]. As a result, I am dissenting to the proposed works, and as required under the Party Wall etc. Act 1996, I request that we each appoint a party wall surveyor to resolve this matter. I am appointing Graham Kinnear of Graham Kinnear property Consultant Ltd, Suite 11 & 12, 2 Chapel Place, Ramsgate, Kent CT11 9RY T: 01843 583000
Please therefore request that your surveyor make contact with Mr Kinnear.
Kind regards,
[Your Name]
Conclusion
Responding to a party wall notice promptly and appropriately is key to ensuring that any building work carried out next to your property proceeds smoothly and legally. Whether you agree, dissent, or request modifications, it’s important to communicate clearly and keep a record of your response. If necessary, appoint a surveyor to help resolve any disagreements and protect your rights throughout the process.
The Party Wall Process in 76 Seconds! from Graham Kinnear on Vimeo.
Our principal surveyor is a Chartered Building Engineer and Chartered Construction Manager who is also a Fellow of the Faculty of Party Wall Surveyors, Member of the Party Wall Academy and the Pyramus & Thisbe Society which exists to promote party wall excellence. As well as these industry qualifications, we have many years experience in this specialist field.
We cover the whole of England and Wales for Party Wall Matters and are therefore regularly engaged in projects in your area.
In order that we can provide you with the help you need please select which of the following two party wall scenarios apply:
I am wanting to undertake work which may invoke the Party Wall Act
OR
My neighbour is planning to undertake work which may invoke the Party Wall Act.