Party Wall Act: What Happens After Notice Is Served?

Party Wall Act: What Happens After Notice Is Served?

The Party Wall Act 1996 is a critical piece of legislation in England and Wales that regulates building work affecting shared walls or structures, known as party walls, and also covers certain excavations near neighbouring buildings. If you are undertaking renovations, building extensions, or maintenance that impacts shared or adjacent property lines, you likely fall under the remit of the Party Wall Act. The process formally begins when you serve a Party Wall Notice to your neighbours, also known as ‘adjoining owners’. But what happens after that notice is served? In this article, we will explore in detail the procedures triggered by serving a notice, your options, your neighbour’s rights, dispute resolution, and conclude by summarising best practices.

Understanding the Party Wall Act

Before diving into what happens after serving notice, it’s important to understand what the Party Wall Act entails. The Act came into force in 1997 as an amendment to laws concerning party walls. Its primary aim is to prevent and resolve disputes in relation to party walls, boundary walls, and excavations close to neighbouring buildings.

The Party Wall Act covers three main types of work:

• Works directly to a party wall or structure shared with another property (such as rebuilding or inserting beams).
• Building new walls up to or on the boundary between properties.
• Excavating within 3 or 6 metres of a neighbouring property, depending on the depth of excavation.

Serving a notice is a legal requirement under the Party Wall Act. If you fail to do this, you could face injunctions (a court order to stop work) or claims for damages. Only once notice is properly served do your neighbours have rights under the Act, and the process formally begins.

Serving a Party Wall Notice: Initiating the Process

The first step for anyone carrying out qualifying work is to serve notice on the adjoining owner(s). This must be given at least two months before starting work directly to a party wall and one month before certain excavations or new boundary walls. The notice must include:

• Your name and address.
• A detailed description of the proposed work.
• The planned start date.

You can serve this notice yourself or instruct a surveyor to do it on your behalf. The notice can be hand-delivered or sent by post. Keep proof of delivery, as this could become important if your neighbours claim not to have received it.

What Happens After the Notice is Served?

Once a party wall notice is served, the adjoining owner has several options, and each leads to a different path in the party wall process:

1. They can give written consent within 14 days (called ‘consenting to the works’).
2. They can refuse consent or do nothing (which counts as dissent after 14 days).
3. They may serve a counter-notice requesting modifications or additional information.

Let’s explore each of these outcomes in depth.

If the Adjoining Owner Consents

If your neighbour formally agrees to the works in writing within 14 days, you have what is called ‘consent’ under the Party Wall Act. In this case:

• You may generally proceed with the works on the agreed date.
• It is still highly advisable to record the condition of your neighbour’s property before starting work (a ‘schedule of condition’) to avoid future disputes regarding damage.
• No party wall ‘award’ (agreement made by a surveyor) is legally necessary, though you and your neighbour may jointly appoint a surveyor to create an award to formalise agreements if you both wish.

While this is the simplest outcome, beware that consent does not remove your responsibility for any damage caused. Always continue to communicate and keep a photographic record.

If the Adjoining Owner Dissent or Remains Silent

If your neighbour does not respond within 14 days of receiving the notice, or refuses in writing to give consent, you are deemed to be ‘in dispute’ under the Party Wall Act. This triggers a dispute resolution procedure under the Act:

• Both parties must appoint a surveyor.
• Each can appoint their own surveyor, or jointly agree on a single ‘agreed surveyor’ to represent both parties impartially.
• The surveyor(s) will then draw up a legally binding ‘party wall award’.

The award will detail:

• What work can be carried out and how.
• How and when the work is to be done.
• What measures are in place to protect the adjoining property.
• Access arrangements for the builder or contractors.
• Responsibility for costs, including surveyor’s fees and making good any damage caused by the works.

The surveyors are legally obliged to act impartially, even if appointed by one party. Both you and your neighbour have rights to appeal an award in the county court within 14 days, though this is rare.

The Role of the Party Wall Surveyor

The surveyor’s primary responsibility is to ensure that the work proceeds smoothly and fairly, protecting the interests of both parties. The surveyor isn’t there to stop work on a whim but to set out how it should be carried out and what safeguards are necessary.

Surveyors will usually:

• Inspect both properties and carry out a schedule of condition of the adjoining owner’s property before work starts.
• Draw up the party wall award, including details of the proposed works, access, and timings.
• Specify how building works will take place to minimise risk or inconvenience.
• Deal with claims for damage or inadequate reinstatement after works are finished.

Sometimes, two surveyors will agree to appoint an independent third surveyor in case a dispute arises between them. Typically, the building owner that is, the neighbour carrying out the works will pay most surveyor costs unless the adjoining owner behaves unreasonably or requests unrelated modifications.

What Is a Party Wall Award?

A party wall award is a legally binding document prepared by the surveyor(s) when the parties do not consent to the work. It contains:

• A detailed description of the works to be carried out.
• Access rights for contractors.
• Protection measures for the neighbour’s property.
• A schedule of condition for comparison after works complete.
• Allocation of responsibility for costs, surveyor fees and repairs.

The award is served on both the building and adjoining owners, and either party has 14 days to appeal it in the County Court if they think it’s unfair or incorrect.

Counter-Notices and Special Conditions

Your neighbour can serve a ‘counter-notice’ within a month of receiving your notice, asking for modifications to your plans, such as a different start date, or for more information about how works will be carried out. In most cases, this simply initiates a dialogue to address valid concerns and is still resolved via the surveyor process if necessary.

Access Rights and Reasonable Hours

Under the Party Wall Act, the building owner has the right to access the adjoining land or property to undertake notifiable works, subject to proper notice and permission from the surveyor or award. However, this must be at reasonable times, and due care must be taken to avoid unnecessary inconvenience. The surveyor can specify hours of work and conditions for access to minimise disturbance to the neighbour.

If Works Cause Damage

One of the most common concerns is, “What if the work damages my neighbour’s property?” The Act specifically provides that any damage caused by notifiable works must be made good at the building owner’s expense.

If you and your neighbour cannot agree on repairs, or if your neighbour considers compensation is due, the party wall surveyor can adjudicate and specify remedial action in the award or in an addendum. A comprehensive ‘schedule of condition’ before work starts is key evidence for this.

What Happens if You Ignore the Party Wall Act?

If you proceed with notifiable work without serving notices or following the Act’s requirements, your neighbour can:

• Apply for an injunction to stop your works immediately.
• Claim damages for any loss or inconvenience caused.
• Report the matter to your local authority or building control, which may affect future property transactions.

Failing to comply with the Party Wall Act can result in costly legal disputes, project delays, and damaged neighbour relations.

Understanding the Process After Serving a Party Wall Notice

Once a Party Wall Notice has been served, the process that follows plays a crucial role in determining how smoothly your project progresses. Whether your neighbour consents, dissents, or requests further clarification, each outcome carries specific responsibilities and procedures that must be carefully followed to remain compliant with the Party Wall etc. Act 1996.

By understanding what happens after notice is served, property owners can better prepare for surveyor involvement, potential disputes, and the requirements of a Party Wall Award. Clear communication, proper documentation, and early professional input are key to managing expectations and avoiding unnecessary delays or complications.

Contact Charrette Law today for expert guidance on Party Wall procedures. From serving notices to managing disputes and advising on the next steps, our team will support you in navigating the process with clarity and confidence.