The four options compared
| Option | Best for | What it involves | Typical cost to building owner (our fees + VAT) |
|---|---|---|---|
| a. Consent | Very minor works between neighbours who know each other well | A signed written consent. No record of the neighbour’s property, so later damage is harder to attribute. | £150 (notices) |
| b. Consent with a Schedule of Condition (recommended, most popular) | Most straightforward domestic works: lofts, beams, chimney breasts, extensions | Consent plus a dated photographic record. The building owner’s duties still apply, and if a problem arises later the dispute procedure is still available. | £499 (notices + Schedule) |
| c. Agreed Surveyor Award | Where the neighbour wants formal terms: working hours, access, protection, method | One impartial surveyor acts for both owners and makes a full Award (s.10(1)(a)). | £899 full package (£999 London) |
| d. Own surveyor | Complex or contentious works: basements, underpinning, fragile structures, poor relations | Each owner appoints a surveyor; the two select a third and agree the Award (s.10(1)(b)). | £899 (£999 London) plus the neighbour’s surveyor’s reasonable fees |
These options follow FPWS guidance and the government’s explanatory booklet. The booklet makes the important point that where consent is given, the building owner is not relieved of their obligations under the Act, for example to avoid unnecessary inconvenience (s.7(1)) or to provide temporary protection for adjacent buildings (s.7(3)), and to make good or compensate for damage.
Option a: consent
The adjoining owner serves written notice of consent (s.3(3)(a)). No dispute arises, no surveyor is needed, and work can start when the notice period expires (or earlier if they also agree to that in writing). The weakness is evidential: if cracks appear after the works, nobody can easily show whether they were there before. That is why we rarely recommend plain consent except for very minor work.
Option b: consent with a Schedule of Condition
The neighbour consents on condition that a Schedule of Condition of their property is taken before the work starts. It costs little, takes 1 to 2 hours on site, and gives both sides the evidence they need. If damage arises, the comparison is straightforward and the building owner makes good. If a genuine disagreement arises later, a dispute can still be referred to surveyors under section 10. This is the route most of our clients’ neighbours choose, and the one we recommend for most domestic projects. See our Schedule of Condition guide.
Option c: Agreed Surveyor
If the neighbour wants a formal document setting out how the work will be done, both owners can concur in one Agreed Surveyor. The surveyor takes a Schedule, reviews the drawings and makes an Award covering the method, working hours, protection, access and making good. One surveyor means one fee and faster progress. The government booklet says that in residential cases where surveyors’ fees would significantly increase project costs, an Agreed Surveyor is preferable, especially if the surveyor is not otherwise involved in the project. Note that with an Agreed Surveyor there is no third surveyor; if the Agreed Surveyor cannot continue, the process begins again (s.10(3)).
Option d: own surveyor
The neighbour appoints a surveyor of their choosing, and the building owner has their own. The two select a third surveyor, who is called on only if they cannot agree (s.10(11)). This route suits complex or contentious works, or where the relationship has broken down. It costs the building owner more, because they normally pay both surveyors’ reasonable fees (s.10(13)), and it usually takes longer. It does not give the neighbour more legal protection than an Agreed Surveyor; both surveyors have the same statutory duty to act impartially.
What if the neighbour does nothing?
Silence for 14 days after a section 3 or section 6 notice means a dispute is deemed to have arisen (s.5, s.6(7)). The building owner then asks them to appoint, and if they still do nothing within 10 days, appoints a surveyor for them (s.10(4)). See the 14-day rule.
How building owners can make consent more likely
- Talk to the neighbour before serving notice, ideally with the drawings in hand.
- Explain the timetable, working hours and how the builder will protect their property.
- Offer a Schedule of Condition at your cost.
- Include a simple response form with the notice.
- Answer questions quickly and honestly.
Worked example
Illustrative only. Ben’s notices for a rear dormer go to both neighbours. On the left, an elderly owner who has lived there for forty years is worried about her ornate ceilings; once she understands that a Schedule will record them and any damage will be put right, she consents with a Schedule. On the right, a landlord who lives abroad wants formal terms for the tenants’ benefit and agrees to an Agreed Surveyor. Neither appoints their own surveyor, and Ben’s builder starts on time.
For neighbours reading this
If you have received a notice, see our guide to consenting or dissenting and your options as an adjoining owner. You can also call us free on 08000 487897.
How each option affects your timetable
| Option | Earliest start | What can slow it down |
|---|---|---|
| Consent | End of the notice period, or earlier if the neighbour agrees in writing | Little |
| Consent with Schedule | As above, once the Schedule is taken | Arranging access for the inspection |
| Agreed Surveyor | End of the notice period, once the Award is served | Incomplete drawings; questions on method |
| Own surveyor | End of the notice period, once the Award is agreed and served | Two diaries, correspondence between surveyors, engineer’s queries |
Any period an Award sets for doing the work does not begin until the statutory notice period has expired unless the owners agree otherwise (s.10(12)), so even a quick Award does not shorten the notice period.
Can a neighbour switch options later?
A neighbour who consents can still refer a later disagreement, about damage for example, to surveyors under section 10. A neighbour who has appointed a surveyor cannot rescind that appointment (s.10(2)), but the owners can still agree matters between them. In practice, we encourage both sides to choose the simplest option that suits the work at the start.
Questions neighbours often ask before choosing
Will I have to pay? Normally not, for works solely for the building owner’s benefit. Will a surveyor need to come in? Yes, for a Schedule or an Award, usually for 1 to 2 hours. Can I still object to the planning application? Yes, that is a separate process.
Sources and further reading
- Party Wall etc. Act 1996, section 3: Party structure notices (legislation.gov.uk)
- Party Wall etc. Act 1996, section 5: Disputes arising under sections 3 and 4 (legislation.gov.uk)
- Party Wall etc. Act 1996, section 6: Adjacent excavation and construction (legislation.gov.uk)
- Party Wall etc. Act 1996, section 7: Compensation etc. (legislation.gov.uk)
- Party Wall etc. Act 1996, section 10: Resolution of disputes (legislation.gov.uk)
- GOV.UK: The Party Wall etc. Act 1996 explanatory booklet
- GOV.UK: Party walls and building work
- Faculty of Party Wall Surveyors (FPWS)
Section references are to the Party Wall etc. Act 1996 as it applies in England and Wales, checked against legislation.gov.uk. This guide is general professional guidance, not legal advice; every project should be assessed on its own drawings.
- Party wall notices for building owners
- Fixed fees: party wall agreement cost
- Do I need a party wall agreement? (1-minute check)
Areas we cover include Party Wall Agreement Kent · Party Wall Agreement Hertfordshire · Party Wall Agreement Surrey and more.
Sources: Party Wall etc. Act 1996 (legislation.gov.uk) · The Party Wall etc. Act 1996: explanatory booklet (GOV.UK) · Faculty of Party Wall Surveyors (FPWS). Last reviewed 27 October 2026. General guidance on the law in England and Wales, not legal advice.