At Simple Survey, we keep the Party Wall etc. Act 1996 clear, calm and constructive. One area that often causes confusion is the “dissent” to a Party Wall Notice. Below we explain exactly what a dissent is, how it arises, and what happens next—without the drama.
Two ways a dissent can arise
1) An actual dissent
This is the straightforward route. The adjoining owner (your neighbour) replies to the notice and appoints their own party wall surveyor. That response is a formal dissent.
What follows:
- The building owner appoints a surveyor too.
- Those two surveyors (having selected a third surveyor in reserve) agree a Party Wall Award that authorises the works and sets protections, working hours, access terms and the route to resolve any damage.
2) A deemed dissent
This occurs when the adjoining owner does not respond to:
- the original Party Wall Notice (14 days), and
- the follow-up “request to appoint” under Section 10(4) (a further 10 days).
What follows:
- The building owner may appoint a surveyor on the adjoining owner’s behalf under Section 10(4).
- The two surveyors then complete the same award process as above.
Key point: A deemed dissent prevents silence from stalling lawful projects. The Act keeps matters moving while preserving safeguards for both sides.
Why dissents are normal (and helpful)
Many building owners hope for consent. In reality, dissents are common—and sensible. They:
- Trigger an independent, statutory process run by surveyors rather than solicitors or courts.
- Produce a binding Party Wall Award that regularises the works and protects the adjoining owner (time/manner of works, access controls, protections, and a clear damage-resolution pathway).
- Allow surveyors to de-risk construction by agreeing proportionate technical measures (e.g., hand tools at party interfaces, temporary weathering, timings and safeguards for foundations, etc.).
This is not a personal dispute; it’s simply the legal mechanism the Act uses to manage risk fairly.
Timings to have on your radar
- Initial response window: 14 days from service of the notice.
- If no response: a further 10 days after a Section 10(4) request to appoint.
- Award service: surveyors must serve awards forthwith once made.
- Appeals: either party has 14 days from service to appeal to the county court (appeals must allege an error in law, not mere dissatisfaction).
Who pays for what?
The building owner pays the reasonable fees of:
- their own surveyor, and
- the adjoining owner’s surveyor,
as determined in the Award under Section 10(13). “Reasonable” is the safeguard—fees must be proportionate to the task.
Practical tips from years in the trenches
- Don’t panic if your neighbour dissents. It’s simply the start of a managed process.
- Get your final drawings ready. Awards go faster with a clean, complete “for construction” pack.
- Keep communications polite and factual. Surveyors are impartial; professionalism speeds agreement.
- Brief your contractor on the Award. Protections are there to be followed, not filed.
- If you’re the adjoining owner, engage early. Ask questions and ensure the Award reflects site realities.
Make Dissents Simple
Need a clear path from notice to legally sound Award—without friction or surprises? We’ll guide both owners through a fair, fixed-fee process.
Email: team@simplesurvey.co.uk
Simple, fixed fees. Nationwide coverage. RICS qualified.
Simple Survey — Fixed Nationwide Cost Chart (Guide)
| Service | What’s Included | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Compliance check, drafting, service & response tracking | £25 |
| Agreed Surveyor Award | Single impartial surveyor acting for both owners | £300 |
| Building Owner’s Surveyor Award | Acting for the Building Owner in a two-surveyor route | £300 |
FAQ
Q1. I’m an adjoining owner—should I dissent?
If you want a surveyor’s independent oversight, yes. A dissent triggers the surveyor(s) and leads to a protective Award. It doesn’t block lawful works; it regulates how they happen.
Q2. Can I choose an agreed surveyor instead of two surveyors?
Yes. Both owners can appoint one impartial agreed surveyor. It’s often quicker and cheaper, but you won’t have a “built-in” counterpart or third-surveyor referral path.
Q3. I consented but now feel uneasy—can I change to dissent?
Potentially, before works start. Put it in writing quickly and be prepared to explain why. Practically, some surveyors may resist late switches if the programme is already committed.
Q4. What if I ignore the notice?
Silence leads to a deemed dissent. A surveyor may be appointed on your behalf under Section 10(4), and the process continues without your input. Better to engage.
Q5. Will a dissent delay the project?
There’s administration, yes—but a well-run process is efficient. Delays usually stem from incomplete drawings, slow responses, or avoidable design queries. We keep momentum.
Q6. Who pays for surveyors when I dissent?
Typically the building owner pays the reasonable surveyors’ fees set by the Award, reflecting the Act’s principle that neighbours shouldn’t be out-of-pocket for protection.
Q7. What happens if surveyors can’t agree?
They can refer the point to the third surveyor, who issues a binding award on that dispute. Referrals are rare when surveyors are pragmatic.
Q8. Can the Award stop the works?
The Act is enabling. The Award authorises lawful works while managing risk. It can set conditions and timing—but its aim is safe progress, not prohibition.