How to Handle a Party Wall Dispute

A party wall dispute arises under the Party Wall etc. Act 1996 the moment your neighbour dissents to your notice or simply fails to respond within 14 days. Despite the word "dispute", this does not mean you are in a legal battle — it is simply the technical term the Act uses to describe a situation where express written consent has not been given. The statutory resolution process is designed to be practical and fair.

What Counts as a Dispute?

Under the Act, a dispute arises in any of these situations:

• Your neighbour returns a written dissent within 14 days
• Your neighbour fails to respond within 14 days (silence = dissent)
• Your neighbour serves a counter-notice requesting modifications or additional work
• The parties cannot agree on the terms of a counter-notice

Once a dispute has arisen, you cannot start the notifiable work until a party wall award has been produced and served on both parties.

Step 1: Appoint Surveyors

Once a dispute is triggered, both the building owner and the adjoining owner must appoint party wall surveyors. Each party is entitled to appoint their own surveyor, or both may agree to use a single agreed surveyor. The agreed surveyor route is faster and cheaper, but the adjoining owner must agree freely — they cannot be pressured.

There is no requirement to use the same firm as your architect or builder. You can find accredited party wall surveyors through the Faculty of Party Wall Surveyors (FPWS) or the Pyramus & Thisbe Club.

Step 2: The Third Surveyor

When each party appoints their own surveyor, both surveyors must immediately agree on a third surveyor to act as a referee if they cannot agree on any point. The third surveyor does not act unless called upon — but they must be selected at the outset.

Either party can refer any matter to the third surveyor if their own surveyor refuses to act or the two appointed surveyors reach an impasse.

Step 3: Schedule of Condition

Before work begins, the surveyors will typically carry out a schedule of condition — a photographic and written record of the current state of the adjoining property, particularly any areas likely to be affected by the works. This provides a baseline for resolving any later claims of damage.

The schedule of condition is one of the most practically important parts of the process. Without it, disputes about pre-existing cracks or structural issues can become very difficult to resolve.

Step 4: The Party Wall Award

The surveyors produce a written party wall award that sets out:

• A description of the permitted works
• Permitted working hours
• Access provisions for the building owner
• Security for expenses (if relevant)
• Liability for damage
• Who pays the surveyor costs

Once the award is served on both parties, work can begin according to its terms.

Can I Appeal a Party Wall Award?

Yes. Either party has 14 days from being served the award to appeal to the County Court. Appeals are uncommon — courts are reluctant to overturn awards unless there is a clear legal error or procedural failing. If you believe the award is flawed, get legal advice before the 14-day window closes.

How Long Does a Dispute Take to Resolve?

In cooperative cases where both surveyors work efficiently, an award can be produced in four to eight weeks. Complex projects, unresponsive parties, or contested provisions can extend this significantly. There is no statutory deadline for producing the award, which is a common frustration for building owners who are anxious to start work.

What If the Adjoining Owner Is Uncooperative?

If the adjoining owner refuses to appoint a surveyor or is deliberately obstructive, the building owner can appoint a surveyor on their behalf after 10 days have elapsed from a written request for them to do so. This allows the process to move forward even without the neighbour's active participation.

Preventing Disputes in the First Place

The most effective way to avoid the cost and delay of a formal dispute is to serve a notice that makes your neighbour comfortable about the planned works:

• Serve the notice well in advance — not on the last possible day
• Have a friendly conversation before sending formal documents
• Use the correct statutory wording (our notice generator handles this)
• Offer to provide drawings or answer questions
• Make clear that you will repair any damage caused

Most neighbours who receive a professional, well-explained notice choose to consent rather than incur the inconvenience of the dispute process.