When proposed works fall under the Party Wall etc. Act 1996, the property carrying out the construction must serve a Party Wall Notice on any affected neighbour. That notice does three things: it identifies the notifiable works, sets the legal timetable, and asks the neighbour to choose one of the Act’s formal response options.
This guide explains each response, what “dissent” really means, how the Agreed Surveyor route compares to appointing separate surveyors, and how to choose a competent professional—without overspending.
The three response options (and what they actually mean)
1) Consent in writing
If the neighbour is comfortable with the proposal, they can consent. This keeps the Party Wall process light-touch and allows the works to proceed under the Act’s framework without the dispute-resolution stage.
Tip: Consent is not a forever decision. If a specific dispute arises later (for example, about how or when something is being done), the Act can still be engaged at that point.
2) Dissent and appoint an Agreed Surveyor
Both owners jointly appoint one impartial surveyor to administer the Act. That surveyor must act independently, balancing interests fairly and producing a clear, enforceable Party Wall Award.
Why people choose it:
- One professional to coordinate = faster and cheaper overall.
- Less back-and-forth between two firms.
- Still fully compliant: the Award has the same legal force.
3) Dissent and appoint separate surveyors
Each owner appoints their own surveyor. Those two surveyors agree the Award between them (or refer narrow points to a Third Surveyor if required).
Why people choose it:
- Perceived extra comfort of having “your own” adviser.
- Useful where proposals are complex or relationships are strained.
Important: “Dissent” is not hostility to the project. It simply means the neighbour wants the Act’s dispute-resolution stage managed by surveyor(s) so everything is formalised and fair.
Who pays the fees?
Under the Act, the party doing the notifiable works generally pays the reasonable costs of administering the process. That usually includes notice preparation, surveyor time (their own and, if applicable, the neighbour’s), and any agreed specialist input.
This is one reason the Agreed Surveyor route is popular: one surveyor, one fee.
Agreed Surveyor vs two surveyors: which is right for you?
| Question | Agreed Surveyor | Two Surveyors |
|---|---|---|
| Speed & admin overhead | Usually faster (single point of contact) | More correspondence between firms |
| Cost to the party doing the works | Typically lower (one fee) | Typically higher (two sets of fees) |
| Perceived independence | High—must act impartially for both | Each acts for their appointing owner (still impartial under the Act) |
| When it’s a good fit | Straightforward domestic schemes; cooperative neighbours | Complex engineering, tense relationships, or multiple ownerships |
Bottom line: if trust is reasonable and the scheme is typical (loft, rear/side extension, modest excavations), the Agreed Surveyor route is often the smartest and cheapest way to a watertight Award. If the facts are unusual—or communications are already difficult—two surveyors can provide extra reassurance.
Choosing a surveyor (what to look for)
“Party Wall Surveyor” isn’t a protected title, so diligence matters:
- Demonstrable specialism: Regular, recent Party Wall work (not an occasional add-on).
- Clear, proportionate documents: Awards that are tight, practical, and enforceable.
- Impartial mindset: Even on single-owner appointments, surveyors must act fairly under the Act.
- Professional standing: Relevant qualifications or memberships (e.g., RICS/CIOB) and PI insurance.
- Transparent pricing: Fixed-fee options for typical domestic schemes; no vague open-ended billing.
Transparent, fixed pricing (Simple Survey)
- Party Wall Notice service: £25 per adjoining ownership (bundle discounts available).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed fee, subject to complexity and number of owners/notices.
- Two-surveyor route (we act for the party doing the works): fixed-fee proposals from £325 for our side. (The neighbour’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer fixed pricing on the basis above.
- No surprises, no creeping extras. You’ll know the number before we start.
FAQs
Does consenting waive my rights?
No. Consent simply avoids the dispute-resolution stage now. If a specific issue later needs determination under the Act, procedures can be engaged then.
Is an Agreed Surveyor truly independent?
Yes. The Agreed Surveyor’s first duty is to the Act, not either owner. Their Award must be impartial and legally robust.
Can the neighbour insist I use their surveyor?
No. Each owner is free to choose. An Agreed Surveyor requires both owners to agree to the same person.
We’ve already got planning permission—do we still need a Party Wall Notice?
Planning/building control is separate. If your works trigger Sections 1, 2 or 6 of the Act, you still need to serve valid notices.
What if the neighbour ignores the notice?
After 14 days (and a further 10-day request), a surveyor can be appointed on their behalf under Section 10(4) so the process can proceed.
Can we swap from Agreed Surveyor to two surveyors later?
Appointments under the Act can’t be unilaterally rescinded. If circumstances change materially, the appointed surveyor may deem themselves incapable of acting and a fresh appointment can follow—but this should be a last resort.
Make the right call—quickly and affordably
Whether you favour the Agreed Surveyor route or prefer separate surveyors, Simple Survey keeps the process compliant, quick and cost-controlled—so your project stays on programme and on budget.
Get a fixed quote today: email team@simplesurvey.co.uk.
Simple Survey — clear advice, lean fees, zero drama.