The Party Wall etc. Act 1996 is designed to facilitate lawful building works while protecting neighbours. Even so, you may disagree with elements of a proposal or how it’s being carried out. Below are proportionate routes—starting with the least combative—to help you manage a dispute effectively.
1) Start with a neighbourly conversation
Before anything formal:
- Request the drawings and method information (what’s notifiable; temporary works; access needs; timings).
- Explain your concerns calmly (risk to finishes, noise windows, scaffolding, security, access).
- Propose practical mitigations (e.g., dust control, protection to specific areas, limited hours for noisy works).
Early dialogue often avoids escalation and keeps relationships intact.
2) Use the Act’s dispute-resolution pathway (Section 10)
If you dissent to the notice—or there’s no reply and a deemed dissent:
- Agreed Surveyor: one impartial surveyor acts for both owners; typically faster and cheaper.
- Separate Surveyors: each owner appoints their own; unresolved points can be referred to a Third Surveyor.
The outcome is a binding Party Wall Award, which can:
- Authorise what may be done and how/when (time & manner).
- Set protections (e.g., vibration limits, coverings, sequencing, scaffold conditions).
- Define access protocols and damage procedures (make-good or compensation).
3) Seek an interim injunction (urgent cases)
If notifiable works are underway without notice, or works present a serious and immediate risk to your property, you may apply to the court for an interim injunction to pause works pending compliance with the Act.
4) Appeal the Award (strict 14-day limit)
If you believe an Award is procedurally flawed or wrong in law, you may appeal to the County Court within 14 days of service (s.10(17)). The court can rescind or modify the Award and make orders as to costs.
Note: An appeal does not automatically stop works—you would need an injunction or agreement to hold off.
5) Common-law routes (where the Act hasn’t been engaged)
If no valid notice was served (so the Act’s procedures haven’t been triggered), you may need to rely on common-law claims (e.g., nuisance, negligence, trespass) and/or seek an injunction.
Choosing the right route (quick guide)
- You want independent safeguards?
Dissent → Agreed Surveyor → tailored Award. - Complex scheme or low trust?
Dissent → Separate Surveyors (Third Surveyor if needed). - Works started without notice / urgent risk?
Injunction (get legal advice). - Award seems wrong in law/procedure?
Appeal within 14 days (costs risk).
Costs (who pays?)
In most residential cases, the Building Owner pays the reasonable costs of the party wall procedures (your surveyor’s fees if you dissent; the Agreed Surveyor’s fee; relevant Third Surveyor costs if engaged). Court actions (injunctions/appeals) carry separate costs risks—take legal advice before issuing.
Want proportionate protection without the drama?
Email team@simplesurvey.co.uk. Simple Survey are the lowest-cost party wall surveyors across England & Wales. We’ll review your notice, recommend the calmest effective route (conditions in an Award, Third Surveyor referral, or injunction/appeal triage), and put robust safeguards in place to protect your home.