“Party Wall dispute” sounds dramatic—but under the Party Wall etc. Act 1996 it’s simply the formal trigger for bringing in surveyors when an adjoining owner does not consent to a notice.
It’s not a neighbourly bust-up; it’s the Act’s way of moving matters into a technical, managed process with clear rules, safeguards and outcomes.
Below we explain what a “dispute” really is, how it’s resolved, and the practical steps owners and surveyors take to keep everything calm, efficient and fair.
What actually counts as a “dispute”?
- A dispute arises when an adjoining owner dissents to a Party Wall Notice (or doesn’t reply and is deemed to dissent after the statutory periods).
- Once there’s a dissent, the Act requires either:
- One Agreed Surveyor (acting impartially for both owners), or
- Two Surveyors (one for each owner).
- Those surveyors then resolve the dispute by preparing a Party Wall Award—a legally binding document that authorises the works, sets protective requirements, and addresses time, manner and costs.
Key point: this “dispute” is procedural, not personal. It moves the project into a neutral framework so works can proceed with clarity and safeguards.
How surveyors prevent disputes from becoming… disputes
Skilled Party Wall surveyors don’t look for a fight—they look for solutions. Here’s how:
- Early, plain-English communication
They clarify scope, drawings, method statements and sequencing so both owners understand what’s proposed and why. - Proportionate protection
Surveyors set practical, low-impact protections (e.g., hand-tool clauses for delicate works, temporary weatherproofing, fill or shore excavations promptly) that meaningfully reduce risk and inconvenience. - Defined access with boundaries
Where access is needed under Section 8, surveyors keep it time-limited, purpose-specific and well-protected (hoarding/fencing, ground/ façade protection, clear hours). - Evidence-led decision-making
For higher-risk works (deep excavations, underpinning, basement schemes), surveyors may request advising engineer input, and—where appropriate—Security for Expenses under Section 12 to cover foreseeable risks. - Issue triage and escalation paths
Most technical niggles are resolved between surveyors. Only if they truly cannot agree is a matter referred to the Third Surveyor for a binding decision. Referrals are rare when parties are pragmatic.
What the Award achieves
- Lawful right to proceed with notifiable works (as far as the Act is concerned).
- Time & manner of execution: working hours, sequencing, methods, and any temporary works or protective measures.
- Damage route-map: how to report issues, who inspects, and how “making good” or compensation will be handled.
- Costs: who pays which reasonable fees (typically the building owner).
Practical tips for owners (both sides)
- Building Owners: Share clear, final drawings and construction methods early. Pick a qualified, experienced surveyor. Brief your contractor on Award requirements and insist they comply.
- Adjoining Owners: Don’t panic at the word “dispute.” Use dissent to gain independent, impartial oversight. Respond within statutory timescales and ask questions early.
- Everyone: Keep communication courteous and prompt. Disagreements are normal; escalation is rarely necessary when information is complete and professionalism is maintained.
Simple Survey Are Here to Help…
Want the process calm, compliant and quick? We specialise in turning “disputes” into clear, workable Awards—with fixed, transparent pricing.
Email: team@simplesurvey.co.uk
Nationwide coverage. RICS-qualified surveyors. Fixed fees.
Simple Survey — Fixed Nationwide Cost Chart (Guide)
| Service | What’s Included | Fixed Fee (incl. VAT) |
|---|---|---|
| Party Wall Notice (per Adjoining Owner) | Compliance check, drafting, service & response tracking | £25 |
| Agreed Surveyor Award | Single impartial surveyor acting for both owners | £300 |
| Building Owner’s Surveyor Award | Acting for the Building Owner in a two-surveyor route | £300 |
FAQ
Q1: Does a dissent stop the works?
No. It starts the surveying process that leads to an Award authorising the works with protections.
Q2: Who pays the surveyors’ fees?
Typically the building owner pays the reasonable costs determined in the Award.
Q3: Can I switch from consent to dissent later?
Sometimes—before works start and with a clear reason. It’s cleaner to choose correctly at the outset.
Q4: What if the surveyors can’t agree?
They can refer the issue to the Third Surveyor for a decision. Referrals are uncommon with pragmatic practice.
Q5: Can I appeal an Award?
Yes—within 14 days of service, via the County Court. Appeals are about errors in the Award, not just dislike of its outcome. Always get legal advice.
Q6: Will this damage neighbour relations?
It shouldn’t. The process is designed to be technical and impartial. Clear communication and adherence to the Award keep relations steady.
If you’re facing a “dispute,” you’re in the right place—this is exactly what the Act is for. We’ll keep it structured, fair and moving.