A Beginner’s Guide to Party Wall Notice Dissent

So you’ve served a Party Wall Notice and your neighbour hasn’t consented within 14 days—or they’ve replied to dissent. Don’t panic. A dissent doesn’t stop your project; it simply triggers the Party Wall etc. Act 1996 dispute-resolution procedure so the works can proceed safely, fairly and lawfully.

Here’s what happens next, the choices you (and your neighbour) have, how surveyors agree the Party Wall Award, and who pays.


What does “dissent” actually mean?

Under the Act, adjoining owners have three response options within 14 days:

  • Consent – no dispute; you can proceed (still subject to other consents).
  • Dissent & Agreed Surveyor – both owners appoint one impartial surveyor.
  • Dissent & Own Surveyor – each owner appoints their own surveyor; those two select a Third Surveyor as a back-stop.

If the neighbour doesn’t reply within 14 days, the law treats that as a deemed dissent, and the surveyor route begins.


Option 1: The Agreed Surveyor

When relations are good and the scheme is conventional (e.g., typical loft steels, standard rear extension, routine adjacent excavation with clear drawings), appointing one Agreed Surveyor is usually quickest and most cost-effective.

  • One impartial professional acts for both owners under Section 10 of the Act.
  • They review drawings, methods and protections; check the Act’s requirements; and draft the Party Wall Award.
  • There is no Third Surveyor in this route—so choose someone experienced, neutral and pragmatic.

Pros: faster, cheaper, fewer moving parts.
Cons: fewer checks and balances than the two-surveyor route; pick wisely.


Option 2: Two Surveyors (plus a Third Surveyor in reserve)

If the neighbour prefers their own surveyor—or the project is technically complex (e.g., basement underpinning, unusual sequencing, tight excavations)—each side appoints a surveyor. Those two then select a Third Surveyor who can decide points the pair can’t agree.

  • The two surveyors collaborate on a “travelling” Award—each reviewing the proposals, considering protections and legal tests under the Act, and agreeing wording line-by-line.
  • If they reach an impasse on a specific issue, either may refer that point to the Third Surveyor for a decision.

Pros: two sets of eyes; a clear escalation path.
Cons: can take longer and cost more overall.


What do surveyors put in the Party Wall Award?

Regardless of route, the Award is a binding legal document that resolves the Act’s dispute and sets out:

  • Exactly what works are authorised under the Act (linked to drawings/method statements).
  • Time and manner of execution (e.g., hand tools for wall cuts, phased excavations, hours for noisy works).
  • Protections and safeguards for the Adjoining Owner’s property.
  • Access arrangements if necessary to perform notifiable works lawfully.
  • Cost responsibility under the Act (usually Building Owner’s reasonable costs) and the basis for any future variations.

Once served, either party has 14 days to appeal to the county court on a point of law. Otherwise, the Award stands—and the Building Owner can proceed in accordance with its terms and the statutory notice periods.


Who pays the surveyors’ fees?

In most cases where the works are for the Building Owner’s sole benefit, the Building Owner pays the reasonable costs of administering the Act:

  • Their own surveyor’s fees; and
  • The Adjoining Owner’s surveyor’s reasonable fees (if a two-surveyor route); and
  • Any Third Surveyor’s reasonable fees if a referral is made; and
  • Reasonable disbursements (e.g., advising engineer where proportionate).

The Award will set out who pays what. Exceptions exist (e.g., works due to shared defects or owner-requested extras), but the default is Building Owner pays.


How to keep dissent smooth, quick and affordable

  • Serve the correct notices early—don’t leave this to site start.
  • Provide clear drawings and excavation depths (especially for Section 6).
  • Offer the Agreed Surveyor route for straightforward schemes.
  • Choose experienced, impartial surveyors who keep things proportionate.
  • Keep communication neighbourly and transparent.

Simple Survey: compliant, calm and cost-effective

We make dissent straightforward and cost-controlled:

  • Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
  • Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity/number of owners)
  • Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)

Email your drawings (even if draft) to team@simplesurvey.co.uk with the site address and who your neighbours are. We’ll confirm what’s notifiable, recommend the fastest compliant route (Agreed Surveyor vs two surveyors), and issue notices promptly so your project keeps moving.

Simple Survey — Notices served right. Awards agreed fast. Budgets protected.