For a party structure or excavation notice, absence of written consent within 14 days triggers the Act's dispute procedure. New-wall notices under section 1 have different consequences, so first check which notice you have received. Respond promptly and keep the notice and delivery records. Response periods run from service. Keep the notice, envelope and delivery records, and ask for advice if the service date or proposed works are unclear. Send the accompanying drawings as well as the notice.
Updated 6 October 2026. General guidance for owners in England and Wales.
Consent, agreed surveyor or separate surveyors
For a party structure or excavation notice, you can consent in writing or dissent. Consent does not waive your rights to compensation under the Act. You can arrange a condition record even where no award is required. If a dispute arises, both owners may jointly appoint an agreed surveyor, or each may appoint a surveyor. Surveyors act impartially under the Act, whichever owner appoints them.
What if you do not reply?
For party structure and excavation notices, absence of written consent within 14 days triggers the dispute procedure. Do not apply that rule automatically to a section 1 new-wall notice. Where there is a dispute, section 10(4) covers an owner who refuses to appoint or neglects to appoint for ten days after a written request. Prompt advice helps preserve your opportunity to choose a surveyor.
Condition records, costs and the start date
A pre-works schedule records visible condition and can help assess later damage. It is commonly prepared during the surveyors' process, but is not expressly required by the Act on every project. The building owner normally pays reasonable surveyor costs. Under section 10(13), the surveyors determine who pays reasonable costs arising from the dispute; section 11 separately addresses expenses of the works. Check the written appointment terms and agree the fee arrangements before instruction. Before starting the relevant works, check that the statutory notice period has expired or an earlier start has been agreed, and comply with the award and other required permissions.
Common questions
Does consent remove my rights?
No. Consent does not remove rights under the Act. A condition record can still be useful, and a later dispute may require assessment.
Can I choose my own surveyor?
Where the dispute procedure applies, you may appoint a surveyor independently instead of agreeing to one joint surveyor. Appointments must be in writing and cannot simply be rescinded.
Can I prevent all works next door?
The Act regulates qualifying works; it does not provide a general veto over lawful development. Ask for prompt advice about notices, access, damage or works outside the Act.
Discuss your notice or proposed works
Send the notice and drawings so we can explain the next step and our fee arrangements.
Primary sources
- Party Wall etc. Act 1996, section 1: New walls at the line of junction
- Party Wall etc. Act 1996, section 5: Disputes following party structure notices
- Party Wall etc. Act 1996, section 6: Adjacent excavation
- Party Wall etc. Act 1996, section 7: Compensation and safeguards
- Party Wall etc. Act 1996, section 10: Surveyors, awards and reasonable costs
- Party Wall etc. Act 1996, section 11: Expenses of the works