Once you know which Notices to serve, the Act allows you to prepare and serve them yourself - it is not essential that you appoint a Surveyor at this time, but it is very important that the Notices provide all the stipulated information as required under the Act: if they don't then the Notice could be invalid and everything else that follows too.

You can avoid the pitfalls and opt to appoint PBSC to prepare & serve the Notices for you, we offer fixed fees for this service.

What happens next is largely dependent on what has been proposed, how much it impacts on the Adjoining Owners and therefore how the Adjoining Owners respond.

They have 14 days to respond - in writing - and if they are all content with all the proposals then they can Consent. If the Adjoining Owners have concerns then they can Dissent and thereafter the appointment of a Party Wall Surveyor(s) becomes compulsory and the Parties will be referred to as being "in dispute". This might be an 'actual' dispute, for example where the Adjoining Owner's rights are being infringed; a possible dispute, such as where the Adjoining Owner doesn't understand an aspect; or a 'deemed' dispute simply because the Adjoining Owner didn't respond to the Notice in time.

Appointing a Party Wall Surveyor

Whether you have an Agreed Surveyor or Party-appointed Surveyors, the Party Wall Surveyors role is to ensure that all of the rights and obligations set out in the Act are resolved.

The situation is called a "dispute", and whether this is an 'actual' dispute or not, the Party Wall Surveyors must remain impartial to emotive issues and only determine matters in accordance with the Act.

The Surveyor or Surveyors will produce an Award that sets out the issues and should resolve the 'dispute'.

Party Wall etc Act 1996 - Further Information

Chartered Building Surveyors Uniquely for You....