Richard Hourican |
A Party Wall counter notice allows an Adjoining Owner to request reasonable additional or modified work after receiving certain notices concerning proposed work to a party wall or party structure.
It is not simply a list of general objections to a neighbour's project. A counter notice is a formal step under the Party Wall etc. Act 1996 and must relate to the notified work, be served within the correct period and contain enough information for the Building Owner to understand what is being requested.
This guide explains when a counter notice may be used, the one-month deadline, what work can reasonably be requested, who may have to pay and what happens if the Building Owner and Adjoining Owner cannot agree.
Quick Answer: What Is a Party Wall Counter Notice?
A counter notice is a written request from an Adjoining Owner asking for additional or modified work to be carried out alongside the work described in a Party Structure Notice.
The request should be connected with the party structure or its foundations and should be supported by the necessary particulars. It should not be used to demand unrelated home improvements, prevent a lawful development for planning reasons or redesign the entire project according to the neighbour's personal preference.
An Adjoining Owner generally has one month from receiving the relevant notice to serve the counter notice. If they intend to use that procedure, government guidance recommends telling the Building Owner within the first 14 days.
If you have received a notice and are still deciding between consent, dissent and surveyor appointment, read our guide on how to respond to a Party Wall Notice .
When Does the Counter-Notice Procedure Apply?
The statutory counter-notice procedure is principally associated with a Party Structure Notice covering work to an existing party wall or party structure.
Typical Section 2 works can include:
- cutting steel beams, flashings or other elements into a party wall;
- raising, rebuilding, repairing or underpinning a party wall;
- removing chimney breasts connected with a party wall;
- cutting away projections or structures from a party wall;
- exposing a party wall to the weather and providing suitable protection;
- carrying out structural work to a floor or wall separating flats.
These works are normally addressed through a Party Structure Notice. Hourican Associates' Party Structure Notice service explains the wider Section 2 process.
Owners should not assume that the identical counter-notice mechanism applies to every Line of Junction Notice or Adjacent Excavation Notice. Concerns about boundary or excavation work can still be raised, and dissent may lead to a Party Wall Award, but the correct response should be considered against the notice type and the relevant provisions of the Act.
What Are the Counter-Notice Deadlines?
| Stage | Indicative deadline | What should happen? |
|---|---|---|
| Party Structure Notice received | Day 0 | The Adjoining Owner should review the notice, drawings and proposed work. |
| Initial response period | Within 14 days | The Adjoining Owner should state whether they consent or dissent and indicate if they intend to serve a counter notice. |
| Counter-notice deadline | Within one month | The formal counter notice and necessary particulars should be served. |
| Building Owner's response | Within 14 days of the counter notice | The Building Owner should confirm whether the requested work is agreed. |
| Unresolved request | After the response period | A dispute may be deemed to have arisen and surveyors can determine the issue. |
A counter notice should not be left until the last moment. The owner may need an architect, structural engineer or Party Wall Surveyor to define the requested work and provide drawings or specifications.
Is a Counter Notice the Same as Dissent?
No. These are related but distinct concepts.
Dissent means the Adjoining Owner does not consent to the original notice and wants the formal dispute-resolution process to apply. Surveyors are then appointed, or both owners agree to use one impartial surveyor, and a Party Wall Award is prepared.
A counter notice requests additional or modified work. It identifies something the Adjoining Owner would like included as part of the party-structure works.
Depending on the circumstances, an Adjoining Owner may:
- consent to the original work without making an additional request;
- dissent and appoint a surveyor;
- serve a counter notice and seek agreement on the requested work;
- dissent while also setting out counter-notice requirements.
The response should be clearly written so that the Building Owner understands whether the neighbour consents to the original work, requests changes or requires a formal Award.
What Can an Adjoining Owner Request?
The requested work must be relevant and reasonable. It should ordinarily be connected with the party structure, its foundations or the notified construction.
Depending on the property and proposed works, a request might concern:
- additional repair of a defective part of the party structure;
- a modified detail where the original proposal could leave the wall inadequately protected;
- work to improve the junction between the two properties;
- an alteration to the wall or foundation that provides a defined benefit to the adjoining property;
- carrying out related work at the same time to avoid reopening the wall later;
- additional work that is technically practical while the party structure is exposed.
Each request must be assessed on its own facts. The existence of a counter-notice right does not mean every requested improvement must be accepted.
What Cannot Normally Be Demanded?
A counter notice is not a general mechanism for controlling the whole development. Requests are unlikely to be appropriate where they concern:
- planning objections unrelated to the party structure;
- loss of view, privacy or daylight as general planning matters;
- changes to parts of the design that do not affect the relevant party structure;
- unrelated refurbishment of the adjoining property;
- an attempt to prevent the project simply because the neighbour dislikes it;
- work that is technically unreasonable or disproportionate;
- requests outside the authority provided by the Party Wall Act.
Planning permission, Building Regulations and the Party Wall process are separate. Counter-notice requests should remain focused on matters falling within the Party Wall framework.
What Should a Counter Notice Contain?
The document should identify the owners, properties, original notice and requested work clearly.
A well-prepared counter notice may include:
- the Adjoining Owner's full name and correspondence address;
- the address of the adjoining property;
- the Building Owner and building address;
- the date and type of original Party Wall Notice;
- a statement that a counter notice is being served;
- a precise description of the additional or modified work requested;
- the reason the work is requested;
- drawings, specifications or structural information where necessary;
- the date and signature of the relevant owner or authorised signatory;
- details of the proposed surveyor where a dispute has arisen.
Vague wording such as “protect my property properly” or “change the foundations” may not give the Building Owner enough information to assess the request.
Do All Owners Need to Be Identified?
Ownership can be more complicated in London flats, converted houses and leasehold buildings. The correct Building Owner and relevant Adjoining Owners should be identified before notices and responses are served.
Depending on the ownership structure, relevant interests can include:
- joint freeholders;
- freehold companies;
- long leaseholders;
- owners of flats above or below the proposed work;
- more than one adjoining property.
A tenant or occupier may have practical concerns, but they may not necessarily be the correct legal person to serve a statutory counter notice. Ownership and authority should be checked before the deadline expires.
Who Pays for the Requested Work?
The answer depends on why the work is required and who benefits from it.
As a broad guide:
- The Adjoining Owner may be responsible for additional work requested solely for their own benefit.
- The Building Owner will ordinarily meet the cost of their own notified works.
- Costs may be shared or apportioned where work is required because of a defect or lack of repair affecting both owners.
- The owners can agree a practical cost arrangement in writing.
- If they cannot agree, the appointed surveyor or surveyors can determine reasonable cost allocation in the Party Wall Award.
The cost should be considered before detailed design work is commissioned. A request that appears attractive in principle may involve structural, professional and contractor costs for which the Adjoining Owner becomes responsible.
Does the Building Owner Have to Accept the Request?
The Building Owner should consider the request and respond within 14 days. They may:
- agree to carry out the requested work;
- agree subject to technical clarification or cost arrangements;
- propose an alternative detail;
- reject the request as unnecessary, unreasonable or outside the Act;
- refer the unresolved matter to the appointed surveyor or surveyors.
Ignoring the counter notice is not a sensible response. If agreement is not reached within the relevant period, a dispute may be deemed to have arisen.
Building Owners can obtain project-specific guidance through our Building Owner's Surveyor service .
What Happens If the Owners Cannot Agree?
Where the request is rejected or not answered, the dispute-resolution procedure under the Act can apply.
The owners may:
- jointly appoint one impartial Agreed Surveyor;
- each appoint their own surveyor;
- allow the appointed surveyor or surveyors to review the request, drawings, costs and technical implications;
- have the matter determined within a Party Wall Award.
The surveyor's role is not simply to approve whichever position their appointing owner prefers. Surveyors appointed under the Act must act impartially and determine what is fair, reasonable and within their statutory authority.
Can Work Start While the Counter Notice Is Unresolved?
The Building Owner should not proceed with disputed notifiable work simply because the construction programme is under pressure.
Where a dispute has arisen, the relevant work should normally wait until the surveyor procedure has been completed and the Award has been served.
Starting prematurely can increase the risk of:
- an application for an injunction;
- construction delay after the contractor has mobilised;
- damage allegations;
- abortive work and redesign costs;
- a deterioration in neighbour relations;
- additional legal and surveyor fees.
Does a Counter Notice Replace a Schedule of Condition?
No. The two documents perform different functions.
A counter notice requests additional or modified work. A Schedule of Condition Survey records the visible condition of the adjoining property before construction begins.
A Schedule of Condition can be useful whether or not a counter notice is served, particularly where the project involves structural alterations, chimney breast removal, older London properties or sensitive finishes.
London Counter-Notice Examples
Loft conversion steelwork
A Building Owner proposes inserting steel beams into the party wall. The Adjoining Owner wants a related wall detail modified so that an existing feature on their side is not unnecessarily affected. The request needs to be described and checked by the structural designer.
Exposed party wall after demolition
Part of an adjoining structure will be removed, leaving the shared wall exposed to the weather. The Adjoining Owner requests a modified weathering or finishing detail. The owners should establish what protection is already required and whether the proposed modification is reasonable.
Defective shared structure
Opening up the wall reveals a defect affecting both properties. One owner requests that the necessary repair is carried out while the wall is accessible. The work and cost allocation may need to be agreed or determined by surveyors.
Additional work for the neighbour's benefit
The Adjoining Owner asks for an extra alteration that will provide a direct benefit to their property. The request may be technically possible, but they may have to pay the additional design and construction cost.
Adjoining Owner Checklist
- Confirm what type of Party Wall Notice you received.
- Record the date on which it was served.
- Review the drawings and structural information promptly.
- Identify the exact additional or modified work you want.
- Check that the request concerns the party structure or notified work.
- Notify the Building Owner within 14 days if you intend to serve a counter notice.
- Serve the complete counter notice within one month.
- Include drawings or technical particulars where required.
- Understand whether you may be responsible for the additional cost.
- Obtain advice before serving a vague or disproportionate request.
Hourican Associates provide independent Adjoining Owner's Surveyor services across London.
Building Owner Checklist
- Record the date the counter notice was received.
- Review the request with your architect, engineer and surveyor.
- Confirm whether the requested work is technically practical.
- Consider whether it is relevant and reasonable under the Act.
- Establish who would benefit from the additional work.
- Clarify likely design and construction costs.
- Respond in writing within 14 days.
- Do not ignore the request or start disputed work prematurely.
- Record any agreement and cost arrangement clearly.
- Refer unresolved matters to the appointed surveyor or surveyors.
When Should You Seek Professional Advice?
Surveyor advice is particularly useful where:
- the notice type or deadline is unclear;
- structural drawings need to be interpreted;
- the requested work may affect foundations or structural stability;
- the request could substantially increase cost;
- the Building Owner believes the request is outside the Act;
- the owners disagree over who should pay;
- the contractor is due to start shortly;
- a formal Party Wall Award may be required.
Hourican Associates can review the original notice, proposed counter notice, drawings and correspondence, then advise whether the request should be agreed, amended or addressed through Party Wall dispute resolution .
Party Wall Counter Notice FAQs
Richard Hourican, Company Director
BSc (Hons). HND Build. MCIOB. C.Build E MCABE. ARICS. MFPWS. MPTS
As a specialist Party Wall surveyor, Richard Hourican will protect your interests during building works.
Are you planning a building project – perhaps an extension, loft conversion or basement – that is on or adjacent to your property’s boundary line? Or has a ‘Party Wall’ notice dropped on the doormat informing you of a neighbour’s impending works?
It’s essential to understand all the implications of building plans. If you don’t, it could cost thousands. Our job is to ensure everything is done correctly – and that it doesn’t!
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