When undertaking building work near a shared boundary, disagreements with neighbours can quickly cause delays. Fortunately, the Party Wall etc. Act 1996 offers a clear and fair process to resolve disputes without resorting to expensive court proceedings.
Whether you’re the Building Owner planning the work or the Adjoining Owner affected by it, understanding how disputes are managed is essential.
This overview explains when disputes arise, how surveyors help settle them, and what options exist if the outcome is contested.
When Does a Party Wall Dispute Occur?
A dispute under the Party Wall Act happens when the Adjoining Owner either:
- Formally objects to the notice served by the Building Owner, or
- Does not respond within 14 days of receiving the notice.
This applies to work involving construction on or near a shared wall, excavation close to a neighbour’s property, or alterations to a party structure.
Disputes may also arise after work has started, for example, if damage occurs or the scope of the project changes significantly.
The Dispute Resolution Process
To avoid neighbour conflicts, the Act removes direct control of the dispute from the parties and entrusts impartial professionals—known as party wall surveyors—with resolving the matter.
Once a dispute exists, work must halt until a formal decision is made through a legal document called a Party Wall Award.
Selecting Party Wall Surveyors
1. Agreed Surveyor
Both neighbours can agree to appoint a single surveyor who acts impartially for both sides. This approach is often quicker and less expensive, suited to situations where some trust exists.
The agreed surveyor’s role is to follow the Act’s requirements, review plans, assess property conditions, and issue a binding Award.
2. Separate Surveyors and a Third Surveyor
If each party prefers their own representative, each appoints a surveyor. These two then select a third surveyor to resolve any disagreements between them.
If the Adjoining Owner fails to appoint a surveyor within 10 days after being asked, the Building Owner’s surveyor may appoint one on their behalf to prevent delays.
Who qualifies as a surveyor?
A surveyor must be impartial and knowledgeable but doesn’t have to be chartered.
What Is a Party Wall Award?
The Party Wall Award is a formal agreement created by the surveyor(s) to settle the dispute. It typically covers:
- Details of the permitted work under the Act
- How and when the work will be done (including hours and noise limits)
- Measures to protect the neighbour’s property
- A Schedule of Condition recording the property’s state before work starts
- Access rights for surveyors and contractors
- Who is responsible for costs, usually the Building Owner
The Award may also specify how to handle damage or changes that occur during construction.
Once issued and not appealed, the Award is legally enforceable. If either party ignores it, court action may follow.
Who Covers the Costs?
Generally, the Building Owner is responsible for reasonable expenses, including surveyor fees and protective measures.
However, if the Adjoining Owner requests extra work solely benefiting themselves, they may have to cover those additional costs.
Surveyors have discretion to allocate costs fairly, for example, charging a party who caused unnecessary delays.
Disputing the Award
If either party feels the Award is unfair or goes beyond the Act’s scope, they can appeal to the county court within 14 days.
Courts tend to uphold surveyors’ decisions unless there is a clear legal mistake or obvious unfairness. Appeals can be costly, as the losing side may have to pay both parties’ legal fees, so they should be considered carefully.
What Happens After the Award?
With the Award in place, the Building Owner can proceed with the work, provided they follow its conditions.
Surveyors may visit the site during construction to check compliance. If significant changes or unexpected problems arise, they can issue a supplementary Award.
At the project’s conclusion, a final inspection usually takes place. If damage to the neighbour’s property has occurred, the Building Owner must arrange repairs or compensation as stated in the Award.
Why Following This Process Matters
Resolving party wall disputes through this structured system reduces conflict and protects everyone’s rights.
Though some worry that involving surveyors might complicate or increase costs, in reality, professional intervention often prevents disputes escalating into costly legal battles.
Surveyors act as impartial mediators, ensuring the process is fair, legal, and transparent.
For homeowners, builders, and architects, engaging experienced party wall surveyors is key to keeping your project on track and compliant.
Final Thoughts on Party Wall Dispute Resolution
The Party Wall etc. Act 1996 was created to make handling these common construction disputes straightforward and efficient.
Knowing the dispute resolution steps lets you move forward with confidence, even if neighbours disagree.
Whether you’re planning an extension, basement work, or loft conversion, early consultation with a party wall expert can save time, reduce stress, and avoid unexpected costs.