How Party Wall Surveyors Have No Jurisdiction Over Design – and why Counter Notices Can Be a Useful Tool for the Adjoining Owner.

If you’re a homeowner dealing with party wall matters, you may wonder what powers party wall surveyors actually have. One of the biggest misconceptions is that party wall surveyors can influence or control the design of building works. However, this is not the case. This article explains why party wall surveyors have no say over design, and discusses how counter notices can be a valuable tool for the adjoining owner.

Surveyors’ Role Under the Party Wall etc. Act 1996

The Party Wall etc. Act 1996 is designed to regulate construction work that affects shared walls, boundary walls, and excavations near neighbouring properties. It is not a planning or building control law. The role of a party wall surveyor is strictly limited to resolving disputes between neighbours, ensuring works comply with the Act, and safeguarding both parties from unnecessary risk.

Surveyors do not have authority over how a building is designed—only over how it affects the party wall and the adjoining owner’s property.

Why Surveyors Have No Say Over Design – Even Under Section 2(2)(k)

Some surveyors mistakenly believe they can influence the design of a structure under Section 2(2)(k) of the Act, which states that a building owner may:

“execute any other necessary works incidental to the connection of a structure with the premises adjoining where the works are not otherwise described in this subsection.”

However, this does not give surveyors the power to dictate design choices. It simply allows them to ensure that party wall works do not cause harm or instability.

                         Who Controls Design?

Planning Authorities oversee appearance, size, and overall impact of construction work.

Building Control ensures structures meet regulations for safety, energy efficiency, and accessibility.

Party Wall Surveyors only have power over how party wall works are executed—not what they look like or how they are designed.

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Counter Notices: A Powerful Tool for Adjoining Owners

If you’re an adjoining owner (the neighbour affected by proposed works), you may feel that you have little say in the process. However, counter notices can be a crucial tool in protecting your property and influencing how work is carried out.

                               What is a Counter Notice?

A counter notice is a legal document that an adjoining owner can serve in response to a party wall notice. It allows the adjoining owner to request specific changes to how the work is done, provided the changes are reasonable.

                          How Can a Counter Notice Help You?

1. Requiring Additional or Different Work to Protect Their Property (Section 4)

The adjoining owner can request modifications to the proposed work if it would better protect their property.

Example: If the building owner proposes cutting into a party wall, the adjoining owner could request a different method (e.g., additional strengthening measures).

2. Requesting a Higher or Thicker Party Wall (Section 4(1))

If a new party wall is being built, the adjoining owner can request it to be built to a greater height or thickness for their benefit.

Example: If the building owner is erecting a new party wall, the adjoining owner might want it higher to provide better privacy.

3. Opposing or Modifying Proposals for Special Foundations (Section 7(4))

The adjoining owner can refuse consent for the use of special foundations (e.g., reinforced concrete foundations that extend onto their land).

Example: If the building owner proposes deep concrete foundations, the adjoining owner can request a different type of foundation or outright refuse permission.

4. Controlling Access to Their Land (Section 8)

If the building owner needs access to the adjoining owner’s land to carry out works, the adjoining owner can request conditions on timing, method, or extent of access.

Example: The adjoining owner may ask for work to be done at specific times to minimise disruption.

5. Changing the Timing or Method of Work to Reduce Disruption

The adjoining owner can propose alternative work methods that would be less disruptive or damaging to their property.

Example: If noisy work is planned, they may request a different approach or limited working hours.

6. Preventing Unnecessary Excavation Work Near Their Property (Section 6)

If a notice is served for excavation near their foundations, the adjoining owner can request proof that the works won’t cause damage or demand an alternative solution.

Example: If the building owner wants to dig a basement near the adjoining property, the adjoining owner can demand further structural details or protective measures.

Key Takeaways:

• Counter notices must be served within 14 days of receiving a party wall notice.

• The building owner must consider any reasonable requests and negotiate the terms.

• If there’s a dispute, appointed party wall surveyors will determine the outcome through an award.

                                           Conclusion

Party wall surveyors do not have jurisdiction over design—not even under Section 2(2)(k).

Design is a matter for planning authorities and building control, not surveyors.

Adjoining owners can use counter notices to ensure their interests are protected during party wall works.

If you’re an adjoining owner facing party wall works, it’s essential to know your rights and act within the correct legal timeframes. A well-timed counter notice can be a valuable way to shape how works affect your property while ensuring party wall surveyors stay within their legal powers under the Party Wall etc Act 1996.