Hearing from a neighbour, contractor or surveyor that “a dispute has arisen” can sound alarming. Under the Party Wall etc. Act 1996, however, “dispute” is a technical term—not a falling-out. Here’s a clear, comprehensive guide to what it means, how it’s resolved, and how to keep everything calm and compliant.
1) Why the Act calls it a “dispute” (even when no one’s arguing)
When a Building Owner serves a valid Party Wall Notice, the Adjoining Owner has three formal responses:
- Consent
- Dissent and appoint an Agreed Surveyor (one surveyor for both owners)
- Dissent and appoint separate surveyors (one for each owner)
If the Adjoining Owner dissents (or doesn’t reply within the statutory window), the Act deems that a “dispute” exists. This doesn’t mean you’re in a neighbourly row; it simply triggers the Act’s built-in resolution procedure so independent professionals can set fair, safe rules for the works.
2) Who resolves it: Agreed Surveyor or two surveyors
Once a dissent arises:
- You may jointly appoint an Agreed Surveyor to act impartially for both owners; or
- Each owner appoints their own impartial surveyor. Those two surveyors then select a Third Surveyor at the outset (a safety valve if they cannot agree on a point later).
All appointed surveyors must act independently and neutrally. They do not “represent” a client’s personal interests; they administer the Act.
3) The Party Wall Award: the formal resolution
The surveyor(s) will publish a Party Wall Award—a legally binding document that:
- Authorises the notifiable works to proceed (within the Act’s framework)
- Sets out time and manner of working (e.g., hand tools at the party wall, sequencing, noise hours)
- Grants and regulates any Section 8 access (where needed)
- Requires appropriate protections (screening, temporary supports, safeguarding of openings, tidy-site rules)
- Confirms making good obligations and a damage procedure (how to notify, validate and settle)
- Records the drawings/specification on which authorisation relies
- Addresses insurance/indemnity and practical coordination (notice periods, emergency measures)
If either owner thinks the Award is improper in law, there is a 14-day window to appeal to the county court. Otherwise, the Award becomes the working rulebook.
4) Good surveyors keep it non-confrontational
Experienced, impartial surveyors aim to:
- Defuse friction with clear explanations and prompt communication
- Focus on facts & drawings, not personalities
- Agree proportionate protections so works can proceed safely
- Avoid Third Surveyor referrals wherever possible (they’re rare and reserved for real points of principle)
The result should feel like project enablement, not a fight.
5) The Act is enabling—you can’t use it to stop lawful works
The Party Wall Act grants rights to carry out specific works lawfully, provided the Building Owner:
- Serves valid notices in time
- Follows the dispute-resolution steps (if a dissent arises)
- Complies with the Award
You generally can’t block compliant works via the Act. If notices are invalid, works exceed what’s awarded, or access/conditions are breached, surveyors (and, if necessary, the court) have tools to rectify or restrain. But when procedures are properly followed, the Act’s purpose is to let projects proceed while protecting neighbours.
Practical FAQs
“We’re on good terms—do we have to ‘dispute’?”
If your neighbour is happy, they can consent. If they prefer the reassurance of professional input, they can dissent—that simply triggers the surveyor process, not an argument.
“Who pays for all this?”
Ordinarily, the Building Owner funds the reasonable costs of the Agreed Surveyor or both surveyors (and any selected Third Surveyor if used), because the works are for their benefit.
“Can I change from consent to dissent later?”
In limited circumstances where a genuine issue arises, owners sometimes seek to change stance; expect discussion (and occasionally challenge) on timing and reasonableness. Ask us before you act.
“What if damage happens?”
Notify the surveyor(s) promptly. The Award sets a damage protocol—validation, making good or compensation—keeping matters out of personal dispute.
Simple Survey – nationwide fixed fees, qualified team
Transparent pricing:
- 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 notices/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.
Why choose us
- RICS-qualified building surveyors
- Nationwide coverage
- Fixed fees you can plan around
- Calm, impartial administration that keeps projects moving and neighbours protected
Turn “dispute” into “done, properly”
Email your drawings or brief to team@simplesurvey.co.uk. We’ll confirm what’s notifiable, outline your fastest compliant path (consent or dissent), and issue a fixed-fee plan to get you from Notice to Award—smoothly, safely, and on budget.