🏠 Adjoining Owner Receiving a Party Wall Notice
If you have received a correctly served Party Wall Notice, you generally have three options. When notices are served by me, I include a four options for your protection.
⚠️ Please note: if works are due to commence before the notice period has expired, your consent to this early start will also be required.
📑 Your Options Explained
✅ Option 1: Consent
If you consent to the works, the Building Owner may commence once the notice period has expired (or earlier, if you waive the start date).
⚖️ Importantly, this does not mean you lose your rights. You can still appoint a surveyor later if:
A dispute arises, or
Damage occurs to your property.
📝 Option 2: Consent with Schedule of Condition
This is an option I include in my notices.
Before works begin, a Schedule of Condition (photographic and written record) is prepared on your property.
📷 This provides a baseline record so that, in the event of damage, there is clear evidence for comparison and resolution.
🤝 Option 3: Appoint the Building Owner’s Surveyor as “Agreed Surveyor”
You may choose to appoint the same surveyor as the Building Owner.
That surveyor then acts impartially, under the Party Wall etc. Act 1996, and prepares a legally binding Award for both parties.
👥 Option 4: Appoint Your Own Surveyor
You may appoint your own surveyor to act solely for you, although you should be aware that party wall surveyors have a duty to act impartially to both parties regardless of who appointed them.
💷 Normally, the Building Owner pays the reasonable fees of both surveyors.
⚠️ However, there are situations where costs may be apportioned differently—for example:
If you appointed a surveyor without genuine concern or necessity, thereby causing unnecessary expense.
If you responded to unsolicited mail from a surveyor claiming the Building Owner will “pay all fees,” you may find yourself liable for any shortfall, especially if you have signed their terms and conditions.
If you believe that you can use an expensive surveyor at the expense of your neighbour BEWARE they are not a one-way street to the building owner’s bank account!…. see adjoining owner incurs substantial costs because of her surveyor.
🔍 Key Considerations
Check the party wall notice you have received and if you are unsure seek advice. As an adjoining owner you can come unstuck if the building owner has served defective notice or has instructed an incompetent surveyor….or as I believe in this instance a contractor has signed the purported building owners’ surveyor letter of appointment rendering the whole process void! see adjoining owner incurs unnecessary costs
In most domestic situations, an Agreed Surveyor should be sufficient—provided they have the necessary knowledge of the Act.
This approach reflects the original intention when the current Act was proposed in Parliament: to keep matters simple, proportionate, and fair.
✨ Summary: You have several options when receiving a Party Wall Notice. Each carries different implications for cost, control, and protection. The right choice depends on your situation and your confidence in the surveyor’s impartiality and expertise.