Can I Choose the Service Level for My Neighbour After Serving a Party Wall Notice?

When embarking on a construction project that affects a shared wall or boundary, understanding your responsibilities under the Party Wall etc. Act 1996 is crucial. A common question homeowners ask is:

"Since I’m paying for the process, can I choose the service level my neighbour opts for after I serve them notice?"

The short answer is no, but let’s delve into the details.

Understanding the Party Wall Process

Under the Party Wall etc. Act 1996, when you serve a party wall notice, your neighbour (the adjoining owner) has three options:

1. Consent to the Notice

   Your neighbour agrees to the proposed works without requiring further formalities. This is often the simplest and least costly outcome.

   
   

2. Dissent and Agree to a Single Surveyor

   If your neighbour dissents, they may agree to appoint a single surveyor (an Agreed Surveyor) to act impartially for both parties.

   
   

3. Dissent and Appoint Their Own Surveyor

   Your neighbour has the right to appoint their own surveyor, leading to a two-surveyor process where both surveyors collaborate to produce an Award.

Who Decides the Service Level?

Once you serve notice, your neighbour has the legal right to choose how they respond. While you, as the building owner, are responsible for covering reasonable costs associated with the Party Wall process, the adjoining owner’s decision is entirely theirs.

This means you cannot dictate:

• Whether they consent or dissent.

• If they opt for an Agreed Surveyor or appoint their own.

Their decision is protected under the Act to ensure impartiality and fairness, particularly in cases where they may have concerns about the proposed works.

What Costs Am I Responsible For?

If your neighbour dissents and chooses their own surveyor, you will generally be responsible for:

• The fees of the adjoining owner’s surveyor.

• The costs of the Agreed Surveyor, if applicable.

However, these fees must be reasonable and in line with industry standards. Disputes over costs can sometimes arise, and a third surveyor may be involved to resolve them.

How to Encourage a Smooth Process

Although you cannot choose your neighbour’s response, fostering good communication can help streamline the process. Consider these tips:

• Discuss Your Plans Early: Share details about the project and address any concerns they may have before serving notice.

  
  

• Provide Clear Information: Ensure the notice includes all necessary details, such as the type of works and proposed timeline.

  
  

• Be Open to Dialogue: Show willingness to answer questions and reassure them of your commitment to minimizing disruption.

Final Thoughts

While you’re responsible for covering costs, the adjoining owner’s rights under the Party Wall etc. Act 1996 give them the freedom to choose how they wish to proceed. By understanding and respecting their rights, you can navigate the process more effectively and maintain positive relations with your neighbour.

If you need assistance with serving notices or managing the Party Wall process, Rellim Surveyors is here to help. Our experienced team can guide you through every step, ensuring compliance with the Act while protecting your interests.

Rellim Surveyors will check your technical drawing free of charge and can draft and serve Legally compliant Notices with no money upfront, in our experience, serving notices professionally give you the best chance of a positive outcome.

Contact Rellim Surveyors today to get a quote for your Party Wall survey and ensure you’re making a well-informed investment in your future home.

Email Us: hello@rellimsurveyors.co.uk

Telephone: 0333 090 7598 ( Local Fee ) 

Call Us: 0771 899 1294