Can You Get a Party Wall Agreement Without a Surveyor?

You can absolutely get a party wall agreement without a surveyor — and for the majority of homeowners, this is exactly what happens. The Party Wall etc. Act 1996 only requires surveyors to become involved when a dispute has arisen. If your neighbour consents to your works in writing within 14 days, no surveyor is needed at any stage.

The Two Paths Through the Act

The Act creates a fork in the road once you serve your notice:

• Path 1 — Consent: Neighbour signs a written acknowledgement within 14 days. Works can proceed on the agreed start date. No surveyor required.
• Path 2 — Dispute: Neighbour dissents, does not respond, or requests a counter-notice. A dispute is deemed to have arisen. Surveyors must be appointed to produce a party wall award.

Statistics are not officially tracked, but experienced party wall surveyors estimate that the majority of residential notices result in consent rather than dispute — particularly when the notice is served correctly and the building owner has spoken to the neighbour beforehand.

Step-by-Step: Getting Consent Without a Surveyor

Step 1: Check Whether You Need to Serve a Notice

Not all building works require a notice. The Act covers:

• Works to an existing party wall (cutting in, raising, underpinning)
• Excavation within 3–6 metres of neighbouring foundations
• New walls on or near the boundary

If your works fall outside these categories, you do not need to do anything under the Act.

Step 2: Prepare the Correct Notice

The notice must contain specific statutory information. Using our notice generator, you answer a series of questions about your property, the works planned, and your neighbour's details. The system produces the correct notice type automatically — Section 1, 3, or 6 — with all required statutory wording.

Step 3: Have a Conversation First

Before serving the formal notice, it is worth having a brief, friendly conversation with your neighbour. Let them know what you are planning and that you will be sending them a formal document. Neighbours who are not caught off-guard by legal correspondence are far more likely to consent promptly.

Step 4: Serve the Notice

Print the notice and deliver it to your neighbour by hand, or send by recorded post. Keep a copy and proof of delivery. The notice must be served at least one month before works begin (or two months for some Section 6 work).

Step 5: Wait for the Acknowledgement

Your neighbour has 14 days to respond. If they sign and return the acknowledgement of consent, you are done. File the signed consent, keep your delivery proof, and proceed on the planned start date.

What If You Don't Get a Response?

Silence is not consent. If your neighbour fails to respond within 14 days, a dispute is automatically deemed to have arisen under the Act. At this point you must appoint a surveyor, even if your neighbour simply forgot to respond or was on holiday.

To avoid this situation:

• Serve the notice in person where possible, so your neighbour knows they have received it
• Follow up with a brief note or call after a week to check they have had a chance to read it
• Consider sending a reminder if you haven't heard back by day 10

When a Surveyor Is Unavoidable

If your neighbour dissents, you will need a party wall surveyor to produce an award. This is a legal requirement — you cannot skip this step or proceed without one. The building owner typically pays both surveyors' fees.

However, even at this stage you have options. An agreed surveyor — a single surveyor appointed by both parties — is typically cheaper and faster than each side appointing their own.

Can the Notice Itself Be Wrong?

Yes, and a defective notice can cause problems later. Common errors include:

• Wrong notice type for the works (e.g. Section 3 when Section 6 is needed)
• Missing statutory information
• Wrong start date or insufficient notice period
• Serving on the wrong person (e.g. a tenant rather than the freeholder)

Our generator handles all of this automatically. Answer the questions accurately and the correct statutory notice — with all required wording — is produced for you.