Under the Party Wall etc. Act 1996, a “dispute” does not necessarily mean a heated disagreement between neighbours. In fact, the Act defines a dispute in much simpler terms:
- If an adjoining owner does not provide written consent within 14 days of receiving a valid Party Wall Notice, the law deems that a dispute has arisen.
How Party Wall Disputes Are Resolved
When a dispute arises, the Act provides a structured resolution process:
- Surveyor Appointments
- Each owner may appoint their own surveyor, or
- Both may agree to use a single Agreed Surveyor (often sensible for minor works).
- Party Wall Award
The appointed surveyor(s) will draw up a legally binding document known as a Party Wall Award (sometimes called a Party Wall Agreement). This sets out:- The scope of the proposed works
- The rights and responsibilities of both owners
- Protective measures and safeguards
- Procedures for dealing with any damage or disputes
Even where both parties agree on using a single surveyor, an Award must still be produced — because the Act requires it once a dispute has technically arisen.
What Counts as “Instigating a Dispute”?
An adjoining owner does not need to take any action at all to trigger a dispute. If they:
- Receive a Party Structure Notice or a Notice of Adjacent Excavation, and
- Do not reply within 14 days,
…then a dispute is automatically deemed to exist.
At this stage, the adjoining owner can appoint a surveyor of their choice, or agree to the appointment of an Agreed Surveyor.
If no appointment is made within a further 10 days (after a follow-up letter is served), the building owner may appoint a surveyor on their neighbour’s behalf. Importantly, this cannot be the same surveyor already acting for the building owner.
Role of the Surveyor
Once a dispute has arisen, both the building owner and the adjoining owner are no longer treated as “clients” but as appointing owners. This change in terminology underlines the surveyor’s duty to remain independent and impartial.
- A surveyor may serve notice on behalf of their appointing owner at the start of the process.
- But once appointed, their duty is to the Act, not to the individual owner.
- If the adjoining owner consents to the works, no award is needed, and the involvement of surveyors ends.
✅ At Simple Survey, we help homeowners and neighbours navigate the Party Wall process smoothly. Whether you’re planning works or responding to a notice, our impartial experts ensure your rights are protected. Contact us today at team@simplesurvey.co.uk.