Are you on the cusp of a dreaded party wall dispute and worried it’ll sour neighbourly relations? Take a breath. Under the Party Wall etc. Act 1996 the word “dispute” has a specific, technical meaning.
It’s not a falling-out in the everyday sense; it simply describes what happens when an Adjoining Owner dissents to a Party Wall Notice. From there, a clear professional process starts—managed by surveyors—so both sides are protected and the Building Owner can proceed lawfully.
Below is your step-by-step guide to taking the “dispute” out of the dispute and keeping everything calm, compliant and on-programme.
1) Reframe the “Dispute”
- It’s not a fight. A dissent is the Act’s trigger that moves your project onto a structured pathway of surveyor oversight and a binding Party Wall Award.
- The goal is resolution. The Act is an enabling statute: it allows permitted works to proceed, provided the right notices, replies, safeguards and procedures are in place.
Mindset tip: Treat it like you would a building control check—necessary, technical, and ultimately there to help the project succeed.
2) Expect Impartiality (and demand it)
- Good surveyors reduce heat, not add to it. Competent Party Wall Surveyors focus on clarity, evidence and practical safeguards.
- Be wary of “I’ll fight for you” rhetoric. Surveyors are statutorily impartial. Their duty is to administer the Act fairly, not to take sides or score points.
- Ask for the basis. If you don’t understand a position, ask the surveyor to reference the Act, relevant case law, or accepted professional guidance.
Practical tip: Keep all communications professional and issue-focused. Emotion raises costs and slows outcomes.
3) Know the End-Point: The Party Wall Award
- What it is: A legally binding document that resolves the dispute under the Act.
- What it does: Grants the Building Owner the right to proceed (subject to conditions) and sets out protections for the Adjoining Owner (e.g., method and sequence of works, temporary weathering, access parameters, making-good mechanisms, and a clear route for handling variations or damage).
- When it’s complete: Once the Award is agreed and served, works can lawfully begin in accordance with its terms.
Programme tip: Serve valid notices early and keep drawings/methods coordinated so the Award can be agreed without re-work.
4) Keep It Practical During the Process
- Share final drawings and realistic start dates. Surveyors can’t protect either party against unknowns.
- Embrace sensible safeguards. Hand tools on sensitive party walls, controlled access windows, and temporary weathering are common, proportionate controls that often prevent damage and claims.
- Talk early, talk often. If a site constraint or change of method emerges, flag it to the surveyors—don’t let practical issues become flashpoints.
5) After the Award: How to Handle Issues Calmly
- Variations: If the contractor needs to change something that affects the Award, raise it immediately. Surveyors can agree an addendum or supplemental Award where required.
- Damage: Notify promptly, provide photos/video, and discuss make-good vs. compensation. The Act provides a structured route to resolution via the surveyors if owners can’t agree.
- Access overruns: Access is limited and for defined purposes. If the programme slips, ask the surveyors to consider whether an extension is reasonable, with any extra protections.
6) Cost Control Without the Conflict
- Reasonableness rules. The Building Owner typically pays reasonable Party Wall Surveying fees (including, where applicable, the Adjoining Owner’s surveyor). Keeping matters professional, clear and evidence-led is the best way to avoid escalation and third-surveyor referrals.
- Documentation saves money. Clear notices, good drawings, and practical method statements lead to faster Awards and fewer site disagreements.
7) A Quick Owner’s Checklist
- Have valid notices been served, to all Adjoining Owners, in time?
- Are the works descriptions and drawings clear and final?
- Have surveyors been appointed correctly (Agreed Surveyor or two-surveyor route)?
- Does everyone (including the contractor) understand the Award conditions?
- Is there a named contact for site queries and neighbour concerns?
Keep Your Project Moving, Keep Neighbours Onside
Email team@simplesurvey.co.uk with your plans and timeline. We’ll confirm what’s required, map your fastest route to an Award, and keep the tone constructive from first notice to final sign-off.
Simple Survey — Fixed Nationwide Costs (RICS-Qualified)
| Service | What’s included | Fixed price* |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Drafting, compliance check, correct service, response tracking | £25 |
| Agreed Surveyor Award | Single impartial surveyor; tailored protections; service of Award | from £300 |
| Building Owner’s Surveyor (two-surveyor route) | Liaison, protections, drafting & service of Award | from £325 |
*Complex structures (e.g., basements, deep excavations) may require specialist inputs. We flag any extras up front—no surprises.
Nationwide • Fixed fees • RICS-qualified • Experienced in lofts, extensions, basements
FAQ
Q1: Can I stop my neighbour’s works by dissenting?
No. A dissent triggers the surveying process leading to an Award that enables the works with safeguards.
Q2: Do I get a say in how the works are done?
Yes—via the Award. Surveyors specify the time, manner and safeguards (e.g., method near sensitive fabric, temporary weathering, access limitations).
Q3: We’ve had a disagreement on site—what now?
First, try to resolve it owner-to-owner quickly. If not, refer it to the surveyors. They can guide, or issue a supplemental Award where needed.
Q4: What if I think the Award is wrong?
There’s a 14-day appeal window from service of the Award. Appeals should be legally grounded (errors in law or jurisdiction). Take legal advice before proceeding.
Q5: Who pays for the surveyors?
Usually the Building Owner pays reasonable surveyor fees connected to resolving the dispute and agreeing the Award.
Calm, clear, compliant. That’s how you take the “dispute” out of the dispute.
team@simplesurvey.co.uk — let’s get your Award agreed the right way.