✉️ Serving a Party Wall Notice

There are many party wall surveyors offering to serve notices for free or providing free party wall notice templates for you to fill in yourself.

⚠️ On these free templates, you will quite often see that there is an option for the adjoining owner to appoint the provider (the surveyor offering the template) as the agreed surveyor—and you will not have received a fee quote beforehand. Once appointed you may be subjected to extortionate costs.

👉 This creates a financial risk: if no fee quote is provided, the adjoining owner may appoint what you thought was “your” surveyor as their surveyor instead. In that situation, you may be forced to concur in their appointment as the agreed surveyor, leaving the surveyor free to charge what they wish, since they are not competing in an open market.

🏠 Why Professional Notices Matter

From my experience, adjoining owners can usually tell when a notice has been filled in by the building owner themselves.

🤔 Concerned that the building owner is cutting corners, they often respond by appointing their own surveyor to act on their behalf.

📑 By contrast, when a notice comes from a professional surveyor, it can:

• ✅ Instill confidence in your neighbour

• ✅ Increase the likelihood of them consenting to the works

• ✅ Make it more likely they will agree to appoint your surveyor as the agreed surveyor

In short, the small initial saving from serving your own notice is often a false economy.

⏳ Risks of Incorrect Notices

It is not uncommon for me to have to re-serve notices because of errors or discrepancies in those drafted without professional input.

🚧 This typically happens when the adjoining owner appoints their own surveyor, who then challenges the validity of the notice.

❌ The result: unnecessary delays to your project and potential extra costs.

✨ Key Takeaway: Investing in a professionally drafted notice at the outset avoids disputes, inspires confidence, and keeps your project moving forward without avoidable setbacks.

🏠 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 fourth option 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.

💷 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.

🔍 Key Considerations

• 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.

🏠 What happens if the adjoining owner [AO] is selling their house?

 ✅ 1. If the AO sells the house after consenting to the Notice

• The new owner is bound by the agreement or consent given by the previous owner.

• No need to re-serve the notice, unless the planned works change.

• The new owner cannot revoke the prior consent — it stays valid.

❗2. If the AO sells the house after dissenting to the Notice and an Award is made

• The Party Wall Award (the formal agreement or resolution) binds the property, not just the person.

• The new owner is bound by the existing Party Wall Award.

• They take the property subject to the rights and obligations in that Award.

🔁 3. If the AO sells the house after being served the Notice, but before responding

• The Notice is addressed to the old owner, so:

  • The new AO must be identified (via Land Registry or legal conveyancing).

  • The Notice must be re-served on the new AO (the new legal owner).

• Failure to re-serve could invalidate the process.

🕓 4. If the AO sells the house after the Notice was served and during the 14-day response period

• Again, because the new owner is now the AO, you’ll likely need to:

  • Withdraw the first Notice.

  • Re-serve the Notice on the new AO.

• This restarts the 14-day response period.

🛠️ Practical Implications for the Building Owner:

• Always check Land Registry before serving Notices.

• If a property is in the process of being sold, it’s wise to:

  • Wait until the new AO is registered.

  • Or serve the Notice on both the outgoing and incoming owners (if known).

• If works are urgent, seek legal advice.

⚖️ Legal Principle:

Under the Party Wall etc. Act 1996, the obligations and rights in a Party Wall Award or Notice are tied to the property, not just the individual. This means that any successor in title (new owner) is typically bound by prior decisions.