If you’ve just been served a Party Wall Notice and you’re leaning toward dissent, this guide will help you turn that decision into a smooth, well-managed process that protects your home and your peace of mind.
1) First principles: what “dissent” really means
Under the Party Wall etc. Act 1996, a dissent doesn’t mean a neighbourly bust-up—it simply triggers the Act’s statutory dispute-resolution process.
From that point, surveyor(s) are appointed to produce a Party Wall Award that sets the time and manner of the works, protective measures, access arrangements, and how any damage will be dealt with.
2) Your two dissent routes—and how to pick wisely
Option A: Dissent & appoint your own surveyor
- You appoint an Adjoining Owner’s Surveyor; the Building Owner appoints their surveyor.
- Those two select a Third Surveyor (held in reserve) in case of a stalemate.
- Benefits:
- A second set of eyes and a built-in tribunal (the Third Surveyor) if needed.
- Helpful where designs are complex (e.g., deep excavations, basements) or trust is limited.
- Considerations:
- More people involved, so it can be slower than a single-surveyor route.
Option B: Dissent & agree a single (Agreed) Surveyor
- One impartial Agreed Surveyor acts for both owners and makes the Award.
- Benefits:
- Typically faster and cheaper overall.
- Considerations:
- No “automatic” second surveyor or Third Surveyor safety net.
- Because this surveyor will determine everything alone, choose someone highly experienced, RICS-qualified and truly impartial.
Tip: If you’re unsure, ask for a short, written explanation from the proposed surveyor setting out how they would manage protections, access, damage resolution, and variations—then compare approaches.
3) Who pays? (Hint: usually not you)
The Act’s default position is that the Building Owner pays the reasonable surveyors’ fees—including your surveyor if you appoint your own.
This reflects a simple principle: you shouldn’t be out of pocket for seeking protection for your property when your neighbour chooses to build.
Exceptions exist (mainly where an owner acts unreasonably), but they’re rare and fact-specific.
4) Dissent correctly: do it in writing
A valid dissent must be written. Verbal responses don’t count—just as a Building Owner can’t validly serve a Notice verbally.
Suggested wording (copy/paste and edit):
“I, [Your Full Name], as Adjoining Owner of [Your Address], dissent to the Party Wall Notice dated [Notice Date] served by [Building Owner’s Name] concerning [Works Address].
I hereby appoint [Surveyor’s Full Name/Practice] of [Surveyor’s Address/Email] as my Party Wall Surveyor under Section 10 of the Party Wall etc. Act 1996.”
Send this to the Building Owner (or their surveyor if listed on the Notice) and to your appointed surveyor so they can engage immediately.
5) What happens next? (The Award in brief)
Once you dissent and surveyor appointments are validly made:
- Information & drawings are reviewed; clarifications sought from the design team/contractor where needed.
- Protections & access are negotiated (e.g., timing windows, methods, housekeeping).
- A Party Wall Award is agreed/issued and served on both owners.
- The Building Owner can then lawfully proceed—in strict accordance with the Award.
- If either party believes the Award is legally defective, there’s a 14-day court appeal window.
6) Practical tactics to get the most from your dissent
- Act promptly. You have 14 days to respond to the Notice, then (if you don’t respond) a further 10-day chaser may follow—after which a surveyor could be appointed on your behalf.
- Pick expertise, not marketing. Anyone can call themselves a “party wall surveyor.” Look for RICS credentials, deep case experience, and clear written communication.
- Ask for plain English. Insist on clear explanations of protections, access, variations, and damage routes.
- Stay courteous. You can protect your rights and keep neighbour relations positive. Surveyors generally achieve more—and faster—when the temperature is low.
7) Common pitfalls (and how to avoid them)
- Late or verbal responses → Always reply in writing and on time.
- Defaulting to an Agreed Surveyor without due diligence → If complexity is high or trust is low, consider the two-surveyor route.
- Assuming you’ll pay → The usual rule is the Building Owner covers reasonable fees.
- Not reading the Award when it arrives → It governs how works must proceed; understand your rights, protections, and what to do if something goes wrong.
Free Dissent Clinic (Email Us Today)
Thinking of dissenting or unsure which route to take?
Email team@simplesurvey.co.uk with:
- The Notice you received (PDF/photo), and
- A brief note about your concerns.
We’ll give you a plain-English view on the best route (Agreed Surveyor vs Two Surveyors), outline likely protections, and provide a fixed-fee plan if you’d like us to act.
Simple Survey — Fixed Nationwide Fees (RICS-Qualified)
| Service | What you get | Fixed price* |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Drafting, validity check, service & tracking | £25 |
| Agreed Surveyor Award | Single impartial surveyor; full Award to protect both sides | from £300 |
| Building Owner’s Surveyor (two-surveyor route) | Negotiation, protections, Award drafting & service | from £325 |
*Complex or higher-risk schemes (e.g., basements, deep excavations, security for expenses, independent engineering advice) may require additional specialist input. We’ll flag all extras up-front—no surprises.
Nationwide coverage • Fixed fees • RICS-qualified and experienced
FAQ
Q1: Can I change from consent to dissent later?
Sometimes—only before works start and only where there’s a genuine issue under the Act. Expect debate and potential delay; many surveyors will only support a change where facts justify it.
Q2: Can I refuse access to my land if I dissent?
If access is legitimately required for notifiable works, Section 8 can grant access via the Award—subject to limits, timings, and protections. You can’t refuse lawful, Award-compliant access.
Q3: Do I have to use the surveyor suggested by the Building Owner?
No. You can appoint any competent surveyor. If you go the Agreed Surveyor route, you must be comfortable that the chosen surveyor is truly impartial.
Q4: What if the Building Owner’s surveyor is unresponsive?
Your surveyor can use statutory reminder notices and, if necessary, refer procedural disputes to the Third Surveyor (in a two-surveyor appointment).
Q5: How long does it take to get an Award?
Simple cases can be weeks; complex cases (deep excavations, basements) can be longer due to engineering checks and protections. Start early and keep communication brisk.
Q6: Who pays if there’s damage?
The Building Owner is responsible for making good damage caused by notifiable works or for paying a reasonable sum in lieu. The Award will set out the route to resolution.
Ready to protect your property the smart way?
Email team@simplesurvey.co.uk and ask for our Free Dissent Clinic review today.