When a Party Wall Notice is served on an Adjoining Owner, there are only three possible outcomes: consent, dissent, or no reply (which is treated as a dissent). An instant consent is ideal—but not guaranteed. Here’s how the other two paths work in practice under the Party Wall etc. Act 1996.
There’s no formal mechanism to “reject” the Act itself. Notices are served, not requested for acceptance. An Adjoining Owner can either consent or dissent—and if they don’t respond, a deemed dispute arises and the matter proceeds to surveyor appointment and a Party Wall Award.
Scenario 1: No Response to the Notice
Timeline & steps
- Day 0: Notice is validly served.
- By Day 14: If the Adjoining Owner has not replied in writing, a dispute is deemed to have arisen.
- 10-day letter (s10(4)): The Building Owner (or their surveyor) issues a written request to appoint a surveyor.
- If still no reply after 10 days: The Building Owner may appoint a surveyor on the Adjoining Owner’s behalf under Section 10(4).
Important: Because the Adjoining Owner hasn’t “agreed” to a single appointment, the Building Owner cannot select an Agreed Surveyor at this stage. Instead, there will be two surveyors (one for each owner), who will then proceed to make an Award.
Good practice: Before serving the Notice, communicate informally with neighbours and share drawings/summary of works. It often prompts a timely response and reduces friction.
Scenario 2: Dissent to the Notice
A written dissent triggers the dispute resolution procedure immediately.
Appointment options
- Agreed Surveyor: Both parties jointly appoint one impartial surveyor to act for them both; or
- Separate surveyors: Each owner appoints their own surveyor. Those two must select a Third Surveyor as a backstop if they disagree on any point.
What happens next
- They’ll request any drawings, method statements, temporary works details and clarifications needed from the design/contractor team.
- They’ll make a Party Wall Award setting out:
- How, when, and with what safeguards the works must be done
- Access arrangements (with notice and protections)
- Working hours and conduct
- Damage procedures and making good/compensation
Timing note: The Act requires that works begin within 12 months of the date of the Notice (not the Award). The Award governs manner and protections; it may also specify time windows, but there isn’t a generic “one-year Award validity” rule in the Act.
Fees: The Building Owner typically pays the reasonable fees of the surveyor(s) and the cost of the Award, as they benefit from the works proceeding.
Can the Adjoining Owner stop the works?
Notifiable works that are lawful and properly designed cannot be vetoed by dissent alone. The Award does not authorise unlawful development; it regulates how the works proceed to protect both properties. Planning permission and building control compliance remain separate obligations.
Key takeaways for Building Owners
- Keep the paperwork compliant (valid service, correct lead times: typically 2 months for party structure works and 1 month for new boundary walls/excavations).
- Plan for time: A deemed dissent or formal dissent adds steps—site inspections, agreement drafting, and service of the Award.
- Engage early: Clear drawings and courteous explanations improve response rates and reduce disputes.
Key takeaways for Adjoining Owners
- Respond in writing within 14 days—even if just to request more detail.
- If unsure, dissent and appoint a surveyor to secure protections via an Award.
Want this handled quickly and cost-effectively?
Email team@simplesurvey.co.uk—the lowest-cost party wall surveyors across England & Wales—for compliant notices and efficient Party Wall Awards that protect both properties and keep your project moving.