What you can ask for
A counter notice can require the building owner to build in, or on, the party wall or party structure:
- chimney copings, breasts, jambs or flues
- piers or recesses
- other similar works reasonably needed for your convenience
Where you have agreed to special foundations on your land, you can also ask for them to go deeper, or to be strong enough to carry a building you plan, or both.
How to serve it
The counter notice must describe the work and come with plans, sections and particulars. It must be served within one month, starting with the day the party structure notice was served. A surveyor can draft it for you.
Does the building owner have to agree?
They must comply unless the extra work would be injurious to them, or would cause them unnecessary inconvenience or delay. If they do not consent within 14 days, a dispute arises and the surveyors settle it.
Who pays
You pay for work done at your request, and the building owner can ask you for security for that cost before carrying it out.
When it makes sense
A counter notice is worth considering if you are planning your own extension or loft later. Building the extra work in now, while the wall is already open, can be cheaper and less disruptive than doing it separately.
Common questions
Can I serve a counter notice in reply to an excavation notice?
Counter notices belong to the party structure procedure. With an excavation, you can instead require the building owner to underpin or otherwise safeguard your foundations, so far as that is necessary.
Does a counter notice stop the work?
No. It is dealt with alongside the original notice, by agreement or by the surveyors.
Where this comes from in the Act
- Section 4: Counter notices
- Section 5: Disputes arising under sections 3 and 4
- Section 11: Expenses
- Section 12: Security for expenses
Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.