What options are available?

Agree to the Works

Norton Surveyors believe that avoiding a dispute is, where possible, the best course of action.

However it is very important that:

The notice you have received is valid, with the correct sections of the act identified against the proposed works, that you have been given the appropriate information and notice prior to the works taking place.

​This is important so you fully understand the scope of the works, the potential risks, and associated consequences. 

​A detailed Schedule of Condition is taken of your property prior to the work taking place. This should be done by a suitable Party Wall Surveyor and usually at the expense of the building owner proposing to do the work.

The schedule of condition is for the benefit of both owners. Should any damage occur during the works, the damage will be referenced back to the original schedule of condition. 

Ignore the notice

Do not ignore a party wall notice. It will result in one of two outcomes, depending on the proposed works and neither are advantageous to either party. The outcomes will be;

​1. In some instances, depending on the section of the act the notice is served under, consent is the default response when the notice period expires. 

​2. More commonly, no action will indicate your dissent to the notice. In this instance a Party Wall Surveyor will be appointed on your behalf by the party serving the initial notice.

Dissent to the works

You can agree to appoint the building owners Party Wall Surveyor as an “agreed” surveyor, representing both parties impartially or appoint an additional party wall surveyor to act on your behalf, who will be known as the “adjoining owners” surveyor. This is the typical route the majority of neighbours take.

A “Third Surveyor” is selected by the appointed Party Wall Surveyors and the Third Surveyor will only be called upon if a dispute requires resolving between the two appointed surveyors. 

It is useful to note that the cost of the Party Wall Surveyor(s) and the Schedule of Condition will (usually) be met by the building owner wishing to carry out the works. There are exceptions to this, which can be discussed at a project’s outset.