If you’re planning building work near a shared wall or close to a neighbour’s foundations, the Party Wall etc. Act 1996 can feel like a maze of notices, deadlines and technical terms. In reality, the process is quite structured—once you understand the responses and timings, it becomes much easier to plan your project and avoid delays.
This guide breaks down what notices are, how neighbours can respond, and the key timeframes you need to factor into your build programme.
Why the timing matters more than people expect
Most party wall issues don’t happen because someone is deliberately difficult. They happen because:
- notices are served too late,
- the wrong owner is served (or someone is missed),
- neighbours don’t respond in time,
- a project start date is booked before the legal process can complete.
The Party Wall process has built-in waiting periods. If you ignore them, you risk delays—sometimes at the worst possible moment, when contractors are ready to start.
Step 1: Serving the Party Wall Notice (the starting point)
A Party Wall Notice is the formal document that tells your neighbour:
- what you plan to do,
- where the works are happening,
- when you intend to start,
- and how they can respond.
It must be served on the correct adjoining owner(s). That doesn’t always mean “the person next door”:
- If a property is rented, the freeholder may need notice.
- In flats, you may need to serve multiple owners/leaseholders depending on what’s affected.
- If ownership is shared, all relevant legal owners should be included.
Serving the right notice to the right people is the single biggest way to avoid the “we have to start again” problem.
Step 2: The neighbour’s 14-day response period
Once a valid notice is served, the adjoining owner typically has 14 days to respond. They can do one of three things:
1) Consent
Your neighbour agrees in writing. This is the simplest outcome.
Important note: Consent doesn’t remove your responsibility to avoid damage, but it can avoid the need for surveyors and an Award. Many owners still choose to arrange a Schedule of Condition (photos/record of condition) for protection and clarity.
2) Dissent (object)
A dissent doesn’t necessarily mean they’re trying to stop the work. Often it means:
- they want reassurance,
- they want condition recorded,
- they want safeguards agreed in writing.
Once they dissent, the matter becomes a “dispute” under the Act (a technical term), and the surveyor process begins.
3) No response
If your neighbour doesn’t reply within 14 days, the law treats it as a dissent. Silence is not consent.
This is very common—people are busy, unsure what to do, or don’t want to commit without advice. It doesn’t have to be hostile, but it does trigger the next stage.
Step 3: If there’s dissent—what happens next?
If your neighbour dissents (or doesn’t respond), surveyors are appointed in one of two ways:
Option A: Agreed Surveyor
Both owners appoint one impartial surveyor.
This is often:
- quicker,
- cheaper,
- less adversarial,
especially for straightforward projects.
Option B: Two surveyors
Each owner appoints their own surveyor, and the two surveyors agree the Award together. A Third Surveyor is selected in case they can’t agree.
This route is often preferred where:
- works are complex or higher risk,
- there’s low trust,
- multiple parties are involved.
How long does it take to get a Party Wall Award?
There’s no fixed number of days in the Act because it depends on:
- how quickly drawings/structural details are provided,
- how quickly inspections can be booked,
- how responsive both parties are,
- how complex the work is.
But in practical terms, an Award can take:
- a few weeks for straightforward matters with good information, or
- longer if there are missing details, design changes, or prolonged negotiation.
This is why serving notice early is so important—leave it late and your build date may slip.
Minimum notice periods (why you can’t leave it until the last minute)
Different categories of work have different minimum notice periods. As a general guide:
- Some party wall works require at least two months’ notice before the planned start date.
- Some excavation/boundary-related works commonly require at least one month’s notice.
Those are minimums. They don’t include the time it may take to agree an Award if your neighbour dissents.
A practical example timeline (what planning looks like)
If you want to start works on site on, say, 1 June, your planning might look like:
- Early March: finalise drawings and structural approach
- Mid-March: serve party wall notices
- Late March–Early April: neighbour response window (14 days)
- April–May: surveyor inspections, schedule of condition, Award drafting/agreeing
- Late May: Award served, contractor briefed, access procedures agreed
- 1 June: start on site
This is why party wall planning often needs to run alongside planning/building control—rather than after it.
Common mistakes that cause delay (and how to avoid them)
Mistake 1: Serving the notice too late
Fix: serve as early as you reasonably can once scope is clear.
Mistake 2: Missing an adjoining owner
Fix: confirm ownership (especially in rented properties and flats).
Mistake 3: Vague descriptions of work
Fix: include clear drawings and explain what you’re doing in plain terms.
Mistake 4: Starting work after dissent but before an Award
Fix: wait until the process is complete—starting early increases injunction risk.
Mistake 5: Contractors not following the Award
Fix: give your contractor the Award and brief them before day one.
How to get the best result: be clear, be early, be reasonable
The party wall process works best when:
- neighbours are informed early,
- surveyors have complete information,
- safeguards are proportionate,
- everyone understands the timeline.
Handled well, it’s usually a smooth, manageable part of the build—rather than a roadblock.
Need help with notices, responses or timelines?
If you’re unsure what notice you need, who to serve, or how your timings affect your start date, email mail@howorth.uk or call 07794 400 212. Share your address, a short description of works, and your intended start date—and we’ll help you map out the quickest compliant route through the party wall process.
