One of the most common questions we are asked is whether a neighbour can refuse a Party Wall Agreement. The short answer is yes — but refusal does not mean your project is stopped. Instead, it triggers a formal dispute resolution process under the Party Wall etc. Act 1996.
What Is a Party Wall Agreement?
A Party Wall Agreement (also called a Party Wall Award) is a legal document prepared by a surveyor that sets out:
- The nature of the proposed works
- Working hours and access provisions
- Protective measures for the adjoining property
- Procedures for handling damage or disputes
It ensures both Building Owners (carrying out the works) and Adjoining Owners (affected neighbours) are legally protected.
When Is a Party Wall Agreement Required?
You’ll need a Party Wall Agreement if you are:
- Carrying out works directly to a shared or boundary wall
- Excavating within 3–6 metres of your neighbour’s property (depending on depth)
- Building a new wall on or along the boundary line
Common examples include extensions, loft conversions, basement works, and garden boundary walls.
What Happens If a Neighbour Refuses?
When you serve a Party Wall Notice, your neighbour has 14 days to respond. If they refuse consent (or fail to reply), a “dispute” is deemed to have arisen. This doesn’t stop the work — instead, it requires:
- Appointment of one Agreed Surveyor (acting impartially for both owners), or
- Each owner appointing their own surveyor to act on their behalf
If the two surveyors cannot agree, they will call upon a Third Surveyor to make a decision.
The outcome is a Party Wall Award — a legally binding document detailing how the works should proceed.
Resolving Concerns and Disputes
Neighbours often refuse simply because they are worried about disruption, damage, or lack of information. Before escalating:
- Review your notice — is it clear and detailed?
- Open a dialogue — many disputes are resolved with reassurance and explanation
- Appoint a surveyor — impartial expertise can build trust and keep things on track
If concerns remain unresolved, mediation or, as a last resort, legal action may be considered. However, most disputes are resolved through the surveyor-led process without needing to involve the courts.
Key Points to Remember
- Refusal of a Party Wall Agreement does not block your project — it triggers a surveyor-led resolution.
- The Building Owner is usually responsible for all reasonable surveyor fees.
- A Party Wall Award gives both sides certainty, legal protection, and a clear process for handling issues.
📩 Contact team@simplesurvey.co.uk, England and Wales’ most cost effective Party Wall Surveying team with Party Wall Notice fees from £25.00 and Party Wall Award fees capped at £325.00. We will not be beaten on price!