Many building owners assume that a friendly chat over the fence, a thumbs‑up on WhatsApp, or a quick “sounds fine” on the driveway means their neighbour will happily consent to a Party Wall Notice.
In practice, that’s rarely how it plays out.
Once neighbours understand what the Party Wall etc. Act 1996 actually does for them, most quite sensibly choose to dissent and bring their protections under the Act rather than relying on common law alone. A dissent is almost never personal – it’s simply a homeowner protecting what is usually their most valuable asset and their family home.
At Simple Survey, we always ask building owners to step into the adjoining owner’s shoes:
If you were next door, would you waive your legal protections when someone is cutting into your wall or excavating near your foundations?
Probably not.
This article explains the tell‑tale signs your neighbour is likely to dissent to your Party Wall Notice – and how you, as building owner, can manage that reality sensibly and proactively.
Why Consents Are the Exception, Not the Rule
Before we dive into the signs, it helps to reset expectations:
- A consent to a Party Wall Notice means:
- No Party Wall Award
- No surveyor input
- No formal procedure for dealing with damage
- A dissent means:
- A Party Wall Surveyor (or two) will be appointed
- A legally binding Party Wall Award will be agreed
- The adjoining owner has a clear route to protection and compensation if things go wrong
Once that is explained, it’s perfectly rational for an adjoining owner to dissent. It doesn’t mean they hate the project, or you. It simply means they want the work carried out through the safest legal framework available.
The Tell‑Tale Signs a Dissent Is Coming
Here are the common indicators we see, day in, day out, that strongly suggest an adjoining owner is going to dissent to your Party Wall Notice.
1. They Ask You to Serve a Party Wall Notice
If your neighbour specifically says:
- “Please can you serve a Party Wall Notice?”
- “I’d like this done properly under the Party Wall Act”
…it’s an almost certain sign they’re not planning to give a simple consent.
As soon as someone is aware that a Notice is a gateway to formal rights and protections, dissent becomes the logical next step.
2. They Tell You They’ve Spoken to a Party Wall Surveyor
If your neighbour says:
- “I’ve had some advice from a surveyor,” or
- “My surveyor says I should wait for the Notice”
…you should assume they are lining up to dissent.
A professional will typically explain:
- The difference between consent and dissent
- That dissent brings in surveyor involvement and an Award
- That the building owner usually pays surveyor fees
Once they’ve heard that, a consent is highly unlikely.
3. They Start Talking About “the Party Wall Act” Rather Than Just “Your Works”
When the language shifts from:
- “Your extension” or “your loft”
to:
- “The Party Wall Act”
- “My rights under the Act”
- “What the Act says about your works”
…it’s a strong indicator that they’ve researched the law and see the Act as their primary protection.
This is normally a prelude to either:
- A formal dissent, or
- A request for details of your surveyor so their surveyor can open dialogue.
4. They Ask If You’ve Spoken to a Party Wall Surveyor Yet
Questions like:
- “Have you checked this with a Party Wall Surveyor?”
- “Is your architect dealing with the Party Wall side?”
- “Who’s serving the Notices for you?”
are rarely casual. They usually mean your neighbour:
- Is aware the Party Wall Act should be followed, and
- Wants reassurance that you are taking it seriously.
It’s a strong sign that when the Notice arrives, they’ll want their own professional on board – i.e. a dissent with appointment of an adjoining owner’s surveyor.
5. They Ask Your Surveyor to Contact Their Surveyor
Once surveyors start being mentioned by name, or you hear:
- “Could your surveyor email mine?”
- “My surveyor will be in touch once I get the Notice”
you can safely assume a dissent is already mentally locked in.
At that point, your focus should shift away from trying to get consent, and towards:
- Encouraging an Agreed Surveyor if appropriate, or
- Ensuring the two‑surveyor route is handled efficiently and collaboratively.
Why You Shouldn’t Fear a Dissent
A lot of building owners panic when they first hear the word “dissent”, imagining:
- A neighbourly row
- Spiralling cost
- Endless delay
In reality, a well‑managed dissent:
- Gives you a clear legal route to proceed with the works
- Gives your neighbour the reassurance they’re looking for
- Reduces the risk of late‑stage obstruction or threats of injunction
Think of it as moving from “handshake and hope” to a clear, written, balanced framework.
How to Respond When You Sense a Dissent Is Coming
1. Stop Trying to “Sell” Consent
If the signs are there, don’t push your neighbour into consenting. It can feel dismissive of their concerns and may sour relations.
Instead, acknowledge their position:
“I completely understand if you’d rather go down the surveyor/award route – I’d probably do the same in your position.”
This instantly lowers tension and shows you’re respecting their rights.
2. Suggest an Agreed Surveyor (If Appropriate)
If relations are good, you might propose a single Agreed Surveyor:
- One impartial surveyor acting for both of you
- Often quicker and more cost‑effective than two surveyors
- Still produces a full Party Wall Award with all protections
Make it clear they are entirely free to say no:
“If you’re comfortable, we could appoint one agreed surveyor for both of us. If you’d rather have your own, that’s absolutely fine too.”
3. Be Transparent About Timescales and Costs
Most adjoining owners worry about:
- How long the process will take
- Whether it will delay the build
- Who pays the fees
Be upfront:
- The building owner is normally responsible for reasonable surveyor costs
- The process has statutory timings and will take a certain minimum period
- You’re committed to using a sensible, cost‑effective, RICS‑qualified surveyor
Transparency builds trust – and trust speeds everything up.
4. Get Your Own Ducks in a Row
If you can see a dissent coming, make sure:
- Your drawings are final and accurate
- Your structural engineer’s information is ready to go
- You’ve chosen a capable Party Wall Surveyor and agreed a fixed fee
That way, once the dissent arrives, your surveyor can move quickly to:
- Serve/accept the formal appointments
- Open dialogue with the neighbour or their surveyor
- Work towards a clear, robust Award without unnecessary delay
Simple Survey — Helping You Manage Dissents Calmly and Confidently
If you can see the writing on the wall and you’re fairly sure your neighbour will dissent, you don’t need to panic. You just need the right team in your corner.
At Simple Survey we:
- Act for building owners and adjoining owners nationwide
- Are RICS‑qualified and highly experienced in all party wall work types
- Focus on keeping matters calm, clear and cost‑controlled
- Offer fixed fees so you know exactly where you stand
We’ll help you:
- Set realistic expectations about consents vs dissents
- Engage with your neighbour in a constructive way
- Navigate the surveyor and Award process without drama
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 Building Owner in a two‑surveyor route | £300 |
FAQ — Neighbours, Dissents and What They Really Mean
Q1: My neighbour said “don’t worry, I’m sure it’ll be fine”. Does that mean they’ll consent?
Not necessarily. Many owners sound relaxed in conversation but, once they’ve spoken to a surveyor or read more about the Act, choose to dissent for peace of mind.
Q2: Is my neighbour being difficult if they dissent?
No. A dissent is a perfectly normal, reasonable response. It simply means they want their property protected under the Party Wall etc. Act 1996 rather than relying on vague assurances.
Q3: Can I insist that they consent?
Absolutely not. The adjoining owner has a statutory right to choose their response. Trying to pressure someone into consenting usually backfires and can damage neighbourly relations.
Q4: Does a dissent mean my project will be blocked?
No. A dissent triggers the surveying process and leads to a Party Wall Award. Provided you follow the Act, obtain an Award and comply with it, you will normally still be able to proceed with the works.
Q5: Who pays for the surveyors if my neighbour dissents?
In the vast majority of cases, the building owner pays the reasonable fees of the building owner’s surveyor and the adjoining owner’s surveyor (if there are two). This is reflected in the wording and intent of the Act.
Q6: Should I try to avoid a dissent at all costs?
You should avoid conflict, not dissent. A well‑handled dissent and Award often gives both sides more confidence and clarity than a bare consent. The key is using a sensible, experienced surveyor.
If you suspect your neighbour is heading towards a dissent and you’d like to handle it properly from day one, email us at team@simplesurvey.co.uk and we’ll guide you through the next steps.