🏗️ What to Expect When Serving a Party Wall Notice

If your works are notifiable under the Party Wall etc. Act 1996 and you wish to serve notice on your neighbour(s), here’s what you should know:

🤝 1. Talk to Your Neighbours First

Before serving a notice, it’s wise to explain your plans in person.
If your application is on the Planning Portal, neighbours may already have received letters from “ambulance-chasing” surveyors hoping to be appointed.

  • Aim for consent (ideally with a Schedule of Condition) or for your surveyor to be appointed as the Agreed Surveyor.

  • If they appoint their own surveyor, you will almost certainly pay their fees.

📷 2. Why a Schedule of Condition Helps You

A Schedule of Condition (SoC) documents existing defects in the neighbour’s property before work starts.
This:

  • Protects you from false damage claims.

  • Records site conditions for the Award.

  • Provides clarity if disputes arise.

💰 3. The Risk of High Fees

  • Adjoining Owners’ Surveyor (AOS) fees are often higher than your surveyor’s — sometimes £600–£1,200 + VAT, but occasionally £4,000+ with disbursements.

  • This can trigger further disputes and even Third Surveyor (3S) referrals.

📜 4. The Notice Process

Notices are served for works under:

  • Section 1 – New wall at/astride the boundary (Line of Junction).

  • Section 2 – Works to the party wall (e.g., underpinning, removing chimney breasts, cutting in for steel beams).

  • Section 6 – Excavations within 3m (or 6m for deeper works like basements).

📨 5. Adjoining Owner’s (AO) Response Options

After receiving the notice, the AO has 14 days to reply:

  1. ✅ Consent to works.

  2. ✅ Consent with SoC.

  3. ❌ Dissent and appoint the Agreed Surveyor.

  4. ❌ Dissent and appoint their own surveyor.

If there’s no response, a 10-day request to appoint a surveyor is sent — failing which, one may be appointed on their behalf.

🏛️ 6. Party Wall Award & SoC

  • SoC: Photographic and written record of the AO’s property.

  • Award: Tailored legal document setting out rights, obligations, and access arrangements.

  • AO or BO can appeal within 14 days of service.

⚖️ 7. Role of the Third Surveyor

  • Chosen jointly by both surveyors but only involved if there’s a dispute.

  • Fees: Often £250+ per hour, plus both surveyors’ submission costs — this can exceed the value of the dispute.

  • Some AOSs bank on the risk/cost to deter challenges.

🚩 8. After the Award – Disputes

If issues arise post-award:

  1. AO should first raise the matter with the Building Owner (BO).

  2. If unresolved, surveyors can be re-engaged — but this can be costly and should be a last resort.

💡 Key Takeaways

  • Talk to your neighbour first.

  • Push for an Agreed Surveyor and a Schedule of Condition.

  • Understand the fee risks — especially with AOSs.

  • Avoid unnecessary escalation to the Third Surveyor.