When people hear the word “dispute,” they picture arguments, solicitors’ letters and courtrooms. Under the Party Wall etc. Act 1996, a “dispute” is something far narrower and far more practical. Here’s how to reframe it—so you can move from anxiety to action.
1) “Dispute” under the Act Vs Neighbours-at-war
If an adjoining owner does not give written consent to a valid Party Wall Notice within 14 days, the Act says a dispute is deemed to have arisen. That label doesn’t mean your neighbour opposes your project in principle. It simply means the works must now be controlled and documented by an impartial statutory process rather than by informal agreement. Many perfectly amicable neighbours dissent because they want the protections the Act provides—not because they oppose your build.
2) The Act contains its own resolution mechanism
This is the real genius of the legislation. Once a dispute exists, Section 10 requires either:
- an Agreed Surveyor (one impartial surveyor appointed by both owners), or
- Two Surveyors (one for each owner), who in turn select a Third Surveyor as a backstop.
These surveyor(s) don’t act as your advocate. They act as a tribunal in miniature, applying the Act and technical common sense to set out how the works may proceed and what protections are needed. It’s designed to be faster, cheaper and more specialist than general litigation.
3) The Party Wall Award resolves the dispute—through the lens of the Act
The outcome is a Party Wall Award. Think of it as a project-specific rulebook. It confirms what is permitted under the Act, prescribes methods and safeguards, sets working constraints (e.g., agreed hours for noisier activities), records access arrangements where needed, and allocates who pays what for the notifiable elements. Once served, the Award is binding. If either owner believes it’s improper on jurisdiction or law, the Act provides a quick route to the county court for appeal within 14 days—not months.
4) The Award is your protection if things go wrong later
Because the Award defines how the notifiable works must be carried out, it becomes the reference point if issues arise—such as departures from the agreed method, access friction, or damage attributable to the notifiable works. The surveyor(s) can issue further awards to deal with variations or post-works matters. That means you’re not left to wrangle informally; there’s a clear, enforceable pathway to resolution that avoids spiralling conflict.
What this means for Building Owners
- A dissent isn’t a setback; it’s the normal gateway to a lawful, controlled start on site.
- Good Notices and clear drawings make faster, cleaner Awards.
- Stay communicative with your neighbour and your surveyor(s). The calmer the information flow, the smoother—and cheaper—the process.
What this means for Adjoining Owners
- Dissent preserves your statutory protections; it’s not hostile.
- The surveyor(s) act impartially to ensure the works are carried out safely and with reasonable convenience.
- If issues arise, the Award gives you a solid mechanism to get them addressed.
Keep it simple—and keep costs down—with Simple Survey
Fixed, 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 and 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 us? All work handled by RICS-qualified building surveyors, blending legal fluency with real building-pathology know-how. We prioritise neighbourly communications, valid paperwork, and fast, buildable Awards.
Ready to turn “dispute” into a done deal?
Email team@simplesurvey.co.uk with your address, a short description of the works, and any plans (provisional drawings are fine). We’ll confirm what’s notifiable, serve valid Notices, and propose the fastest compliant route to your Party Wall Award—without breaking the bank.