If you are planning building works that fall within the scope of the Party Wall etc. Act 1996, you may be required to serve a Party Wall Notice on the relevant adjoining owners before the notifiable works begin.
For many Building Owners, the preferred response is understandably written consent. Where an Adjoining Owner consents to the notice, the formal dispute resolution procedure under the Act will generally not be required, potentially avoiding the additional time and professional fees associated with appointing Party Wall Surveyors and agreeing a Party Wall Award.
However, consent should never be taken for granted.
At Stokemont, we regularly act for both Building Owners and Adjoining Owners. Based on our experience, there are several practical steps Building Owners can take to improve the prospects of receiving a positive response.
When Is a Party Wall Notice Required?
Party Wall Notices may be required where proposed works fall within the scope of the Party Wall etc. Act 1996.
Common examples include:
- loft conversions;
- rear and side extensions;
- basement excavations;
- chimney breast removals;
- structural alterations involving a party wall;
- excavations close to neighbouring buildings; and
- construction at or close to the boundary.
The notice period depends upon the type of work being undertaken. Certain notices require at least one month’s notice, while works directly affecting an existing party wall or party structure will generally require two months’ notice.
For this reason, Party Wall matters should be considered well in advance of the intended construction start date.
Why Do Building Owners Want Their Neighbour to Consent?
If an Adjoining Owner consents in writing to a valid Party Wall Notice, there will usually be no requirement to appoint surveyors and agree a Party Wall Award for that particular notice.
This can make the process quicker and reduce professional costs.
However, Building Owners sometimes assume that because their project has planning permission, or because they have a good relationship with their neighbour, consent will automatically follow.
That is not necessarily the case.
An Adjoining Owner may have no objection whatsoever to the proposed development but still prefer the additional protection offered by the formal Party Wall procedures.
The aim should therefore not be to pressure a neighbour into consenting. Instead, the best approach is to ensure that they are properly informed, reassured and given an opportunity to ask questions.
Here are three ways we have found can help.
1. Speak to Your Neighbour Before Serving the Notice
One of the simplest and most effective steps is to speak with your neighbour before the formal Party Wall Notice arrives.
Receiving a legal notice unexpectedly can immediately make an Adjoining Owner cautious, particularly if they were previously unaware that building works were planned.
The conversation does not need to become a detailed technical meeting.
Instead, give your neighbour a straightforward overview of:
- what you are proposing;
- approximately when the works will start;
- how long the project is expected to take;
- which parts of the property are affected; and
- who will be managing the construction.
This gives the Adjoining Owner some context before they receive the formal paperwork.
In our experience, early communication can significantly improve the tone of the Party Wall process, regardless of whether the neighbour ultimately consents or dissents.
2. Provide Clear Drawings and Information
Uncertainty often causes concern.
If an Adjoining Owner does not understand what is being built, how close the works will be to their property or what excavation is proposed, they are naturally more likely to take a cautious approach.
Providing clear drawings can therefore be extremely helpful.
Depending upon the project, this might include:
- existing and proposed plans;
- elevations;
- sections;
- structural drawings; and
- foundation information.
The objective is not to overwhelm the neighbour with technical information, but to make the proposed works easy to understand.
A clear set of drawings allows the Adjoining Owner to see the scale, location and relationship of the works to their own property.
Where the project is relatively straightforward, that additional clarity may provide the reassurance they need to consent.
3. Have the Notice Served by a Party Wall Surveyor
Building Owners are entitled to serve their own Party Wall Notices.
However, appointing a Party Wall Surveyor to review the proposals and prepare the notices can have several advantages.
Firstly, it helps ensure that the correct notices are served on the correct owners and that the proposed works are accurately described.
Secondly, it gives the Adjoining Owner a professional point of contact.
If they have questions about the notice, the Act or the proposed works, they can speak directly with somebody familiar with the Party Wall process.
Building Owners sometimes worry that involving a surveyor will encourage their neighbour to dissent.
In our experience, the opposite can often be true.
A professionally prepared notice, accompanied by clear information and a surveyor who is available to explain the process, can demonstrate that the Building Owner is taking their responsibilities seriously.
By contrast, an unclear or incomplete self-served notice can sometimes create unnecessary concern.
Can You Guarantee That an Adjoining Owner Will Consent?
No. Ultimately, the decision belongs to the Adjoining Owner.
Even where the project is straightforward, communication has been excellent and the notices have been professionally prepared, a neighbour may still prefer to dissent and have the formal protections of the Party Wall etc. Act 1996 put in place.
That should not automatically be viewed as hostile.
Dissent does not necessarily mean that the neighbour is objecting to the development. In many cases, they simply want a Schedule of Condition undertaken and a Party Wall Award agreed before the notifiable works commence.
The best approach is therefore to make the process as clear, transparent and cooperative as possible.
Party Wall Notice Advice from Stokemont
If you are a Building Owner planning works that may fall within the Party Wall etc. Act 1996, Stokemont can review your proposals, identify the notices required and manage the notice service process on your behalf.
Equally, if you are an Adjoining Owner who has received a Party Wall Notice and would like to understand your options, one of our Party Wall Surveyors can explain the process and the protections available to you.
Contact Stokemont today to discuss your Party Wall Notice requirements.
