Why “dispute” under the Act isn’t a fight—and how to keep it that way
In everyday language, a “dispute” sounds adversarial. Under the Party Wall etc. Act 1996, it isn’t.
The Act uses “dispute” as a trigger word for a structured, professional resolution process—not a row between neighbours. When handled well, the procedure is calm, predictable, and focused on keeping people and property safe while allowing lawful development to proceed.
1) What “dispute” really means under the Act
A “dispute” arises formally when an Adjoining Owner dissents (or does not reply) to a valid Party Wall Notice. That dissent doesn’t mean they oppose your project in principle; it simply means they want the protections of the Act and the involvement of a surveyor. At that point, the Act requires either:
- an Agreed Surveyor (one impartial surveyor appointed by both owners), or
- Two Surveyors (one appointed by each owner), with a Third Surveyor selected as a back-stop.
These surveyors act independently to resolve the dispute by making a Party Wall Award—a binding document that sets out how the works will proceed safely.
Outcome: When the Award is served, the “dispute” is resolved and the Building Owner can commence the notifiable works in line with its method statements and protections.
2) Good surveyors keep matters amicable
The best surveyors behave more like mediators than litigators. Their job is to de-risk the works, not to win arguments. Signs you’ve chosen well:
- They explain the Act clearly to both owners and keep communication warm and factual.
- They prioritise valid notices, clear drawings and robust Awards.
- They agree proportionate protections (e.g., hand tools on the party wall, dust control, temporary weathering, access timings) that contractors can follow.
- They avoid Third Surveyor referrals unless truly necessary.
Surveyors who posture, escalate, or “fight your fight” tend to inflate costs and time and risk Third Surveyor determinations. That helps no one.
3) How the resolution process typically flows
- Serve valid Notices (Section 1, 2, or 6, as applicable).
- Adjoining Owner responds: consent or dissent (or fails to reply).
- Surveyor(s) appointed in writing (Agreed Surveyor or two surveyors; Third Surveyor selected in two-surveyor cases).
- Information exchange: final drawings, method statements, temporary works, structural calcs, programme.
- Protections negotiated and documented (access, hours, hand tools, vibration/dust limits, monitoring if needed).
- Party Wall Award agreed and served on both owners
- Works proceed strictly per Award.
- Damage protocol: if something occurs, surveyors determine making-good or compensation quickly and fairly.
- Close-out: optional re-inspection or monitoring finalised.
4) Practical ways to keep things friendly and fast
- Inform early: Talk to neighbours before notices land. Familiarity lowers anxiety and speeds responses.
- Serve correct notices: Accuracy (including required excavation drawings) avoids re-serving and delay.
- Pick experienced surveyors: Choose RICS-qualified, construction-literate professionals.
- Give the contractor the Award: Walk them through the protections (hand tools, access timings, dust covers on open vents/chimneys, temporary weathering).
- Stay available: Quick, direct communication with your neighbour often avoids extra surveyor time and costs.
5) Costs—what to expect and how to avoid inflation
- Generally, the Building Owner pays reasonable surveyor fees and disbursements.
- Clear, complete information up-front (final drawings, methods, programme) reduces rounds of queries.
- Cooperative tone and proportional protections curb needless back-and-forth.
- Third Surveyor referrals are rare—and expensive. Good surveyors work hard to steer around them.
6) Enforcement, appeals, and damage
- An Award is enforceable: if a contractor ignores it (e.g., uses percussive tools on the party wall contrary to the Award), they invite cost, delay, and potential legal action.
- Appeals to the County Court must be lodged within 14 days of service and are limited to errors in law/procedure, not preferences.
- If damage occurs, report it promptly; surveyors will confirm causation and either require making good or award compensation—fast, fair, and without a full lawsuit.
7) Remember the bigger picture
The Act is an enabling statute. It unlocks rights to work on or near shared structures safely, while protecting neighbours. When approached professionally, the “dispute” procedure is simply the seatbelt for your project: it helps you move forward with confidence.
Simple, fixed survey costs (nationwide)
| Service | What’s included | Fixed price* |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Drafting, validation, service & tracking | £25 |
| Agreed Surveyor Award | Single impartial surveyor, Award & service | from £300 |
| Building Owner’s Surveyor (two-surveyor route) | Negotiations, Award & service | from £325 |
*Complex projects (deep excavations/basements/monitoring/security for expenses) may require additional engineering input; we’ll flag this upfront so there are no surprises.
Talk to us—before things feel “disputed”
Email your plans and a brief outline of the works. We’ll confirm what’s notifiable, set out a calm, efficient route to your Award, and give you clear fixed fees.
Simple Survey — Nationwide • Fixed Fees • Experienced & Qualified
📧 team@simplesurvey.co.uk