What it means, what happens next, and how to keep your build on track
You’re about to create new space and value—great! If your project falls within the Party Wall etc. Act 1996 (loft steels into a shared wall, a rear extension with excavations, a new wall up to/astride the boundary, etc.), you must serve a valid Party Wall Notice before works start.
Sometimes your neighbour (the “Adjoining Owner”) will dissent to that Notice. Here’s how to navigate that calmly and efficiently.
1) Notices are a legal requirement—serve them early
Under the Act, Party Wall Notices must be served before the works commence. Statutory lead times apply (typically 1 month for Section 1/6 notices and 2 months for Section 2 notices), plus response periods (14 days, then a further 10 days if no reply). Serving early protects your programme and reduces the risk of injunctions and avoidable delays.
Tip: For Section 6 (adjacent excavation) notices, attach drawings that clearly show the location and depth of the proposed foundations. Missing these is a classic invalidity that forces re-service and pushes your programme back.
2) What a “dissent” actually means (and why it isn’t a fight)
If your neighbour dissents to your Notice, the Act labels this a “dispute.” Don’t panic: in Party Wall terms, that simply means your neighbour wants the protection of a Party Wall Award—a legally binding document that controls how and when the works are undertaken and what happens if there’s damage.
Dissent ≠ hostility. In most cases, it’s a sensible step to ensure both properties are protected and the build proceeds in a controlled way.
3) Two ways to proceed after dissent: Agreed Surveyor vs Two Surveyors
When a dissent is given, surveyors must be appointed under Section 10 of the Act to resolve the “dispute” and produce an Award.
A) Agreed Surveyor
Both owners jointly appoint one impartial surveyor to administer the Act and make the Award.
Pros: simpler, faster, usually cheaper.
Considerations: there’s no third surveyor safety net; choose someone experienced, qualified, and genuinely neutral.
B) Two Surveyors
Each owner appoints their own surveyor. Those two surveyors then select a Third Surveyor who sits in the background and can determine points they can’t agree.
Pros: an extra layer of checks and a built-in escalation route.
Considerations: typically slower and more expensive than the Agreed Surveyor route.
Both Options: Once appointed under the Act, a surveyor’s role is statutory and impartial—they don’t act as your advocate. You cannot “fire” a surveyor; appointments end only if they die or declare themselves incapable of acting. Choose wisely.
4) What surveyors do next: the steps to a Party Wall Award
After dissent and appointment(s), the surveyor(s) will:
- Validate the Notice
Check service method, content, drawings (for Section 6), and timings. If anything is invalid, the process restarts. - Review the Design Information
Final drawings, methodology, structural calculations (especially for loft steels, chimney removal, deep excavations). On higher-risk works (e.g., basements), expect an advising/checking engineer. - Draft Protective Clauses
Typical provisions include:- Hand tools/non-percussive methods when working on/through the party wall to reduce vibration.
- Covering open flues and vents to prevent dust migration.
- Temporary weathering (e.g., during roof strip for loft conversions).
- Excavation controls (support to open trenches, pour windows).
- Access arrangements under Section 8 (timings, notice periods, hoarding, protection and reinstatement).
- Working hours, neighbour liaison, and site housekeeping.
- Damage procedure: how damage is evidenced, costed, and settled (make good vs compensation).
- Consider Special Provisions (if relevant)
- Security for Expenses (Section 12): a safeguarded sum for higher-risk works (deep excavations, underpinning, basements).
- Special Foundations: if your design includes reinforcement crossing the boundary, neighbour consent may be required or the design altered to mass concrete.
- Serve the Award
Once agreed (Agreed Surveyor) or jointly settled (Two Surveyors), the Award is served on both owners. It is now binding unless appealed within 14 days.
Outcome: The Award legally authorises the works (subject to its conditions) and gives the Adjoining Owner a clear damage remedy if something goes wrong. It’s the formal conclusion of the Party Wall process for this phase.
5) Who pays the costs?
As a rule of thumb, the Building Owner pays the reasonable fees for:
- Serving Notices
- The Party Wall Award (and the Adjoining Owner’s surveyor, if there are two)
- Any agreed checking engineer (on higher-risk schemes)
Exceptions are limited and fact-specific (e.g., some Section 2 repair scenarios). Plan your budget on the basis that the cost burden generally sits with the Building Owner.
Typical timeline after a dissent (illustrative)
- Day 0–14: Adjoining Owner dissents and surveyors are appointed.
- Weeks 2–6: Information review, protective clauses drafted.
- Weeks 6–10: Award refined, agreed and served (appeal window: 14 days).
- Post-Award: Works proceed in accordance with the Award; surveyor(s) may re-attend to confirm completion or assess any alleged damage.
(Complex works or slow third-party responses can extend this—start early and keep communication open.)
Common pitfalls (and how to avoid them)
- Invalid notices: wrong owner, wrong service method, missing excavation drawings—use a professional to avoid a restart.
- Out-of-date drawings: surveyors must award on the current design pack; keep revisions tight and controlled.
- Contractor ignores the Award: brief them, give them a copy, and hold them to it. Breaches trigger friction, re-attendance fees, and risk.
- Radio silence with neighbours: a quick update often prevents small worries becoming formal disputes.
Simple, Fixed Fees (Nationwide)
- Party Wall Notice service: £25 per adjoining ownership
- Party Wall Award (Agreed Surveyor): from £300 fixed-fee
- Party Wall Award (acting for the Building Owner in a two-surveyor appointment): from £325 fixed-fee for our side
We’re experienced building surveyors (RICS-qualified), so your Award is both legally robust and practical on site.
Ready to move forward—without drama?
Email your drawings for a free notifiability check. If your works are covered, we’ll serve valid Notices, manage the process end-to-end, and deliver a clear, contractor-ready Award—on fixed fees.
Simple Survey — Nationwide • Fixed Fees • Experienced & Qualified
📧 team@simplesurvey.co.uk