When a neighbour withholds consent to a party wall notice, it triggers a formal dispute resolution process under the Party Wall etc. Act 1996. This law applies in England and Wales. A dissent does not mean your neighbour can stop your building work. It simply means that surveyors must now step in to decide how and when the work is carried out to protect both properties.
The word dispute sounds hostile, but in this context it is just a legal term. It means the two property owners have not reached a private written agreement. To move forward, you must appoint professionals to produce a written document called a party wall award. You must have this award in place before you start any of the notified work.
Dissenting is a standard protective measure. A neighbour can influence how and when the work is done, but cannot block rights under the Act.
If you are the building owner, receiving a dissent means you must pause and arrange surveyors. You cannot begin the party wall elements of your project until the award is signed and served. RICS says you must have an award before starting work unless the adjoining owner has given written agreement, and the explanatory booklet says an adjoining owner may seek a court injunction if work starts without proper notice.
How silence counts as a dispute
A dispute does not only begin when a neighbour actively writes back to say no. It also begins if they do nothing at all. Your neighbour can give consent in writing, refuse consent or serve a counter notice, but they must respond in writing within 14 days of receiving your notice. You cannot assume that no response means they agree to the works.
If those 14 days pass and you have not received written consent, a dispute is deemed to have arisen by default. This applies to a party structure notice or an excavation notice.
If the neighbour refuses or fails to appoint a surveyor, the building owner may appoint a second surveyor on the neighbour's behalf so the process can continue.
RICS advises talking to your neighbour before you give written notice, and the guide on how to serve a party wall notice explains the notice itself. A conversation first means the notice should not come as a surprise.
Choosing an agreed surveyor or two surveyors
When a dispute arises, the Act provides two ways to appoint surveyors. The first option is to use an agreed surveyor. This means both the building owner and the neighbour appoint the same person to draw up the award. This is typically the cheaper route.
The second option is for each owner to appoint their own surveyor. The building owner appoints one, and the neighbour appoints another. These two surveyors then work together to agree the terms of the award. If the two cannot agree they select a third surveyor to settle the matter.
Whoever you choose, a surveyor must not be a party to the matter. You cannot act as your own surveyor, and a surveyor must not be a party to the matter.
Once a surveyor is appointed under the Act, they have a strict statutory duty. A surveyor must act impartially regardless of who appointed them, and they cannot be removed by the appointing owner. They are there to administer the Act and protect the property, not to fight the corner of the person paying their fee. Delaying the appointment will only delay your build.
What the surveyors decide in the award
The party wall award is the final legal document drawn up by the surveyors. It is a detailed set of rules governing exactly how the shared elements of the building project will proceed. Once it is signed and served to both owners, the building owner can start the work under those agreed terms.
The award sets out the following:
- The exact work that will be carried out
- When and how the work is carried out
- Any additional protective work needed to safeguard the neighbour
- Access for inspection
- Often a schedule of condition
Keep a copy of the award, and ask your surveyor or conveyancer if you are unsure what it means for you.
Access, damage and the schedule of condition
One of the most valuable parts of the party wall award is the schedule of condition. This is a record of the neighbour's property before work starts.
This schedule of condition before your neighbour starts building work protects both sides. If a question about damage arises later, the record gives everyone a starting point.
The award also deals with access for inspection. Ask your surveyor what it provides in your case.
Who pays the surveyors
In most residential projects, the building owner pays all the surveyor fees. If you are building an extension, converting your loft or digging out a new basement, the work is happening for your benefit. The law expects you to cover the costs of administering the Act, which includes paying for your neighbour's surveyor if they choose to appoint one.
This is why an agreed surveyor is popular with building owners. Paying one professional to act impartially is significantly cheaper than paying two separate professionals to coordinate with each other. The neighbour may appoint their own surveyor, and the building owner usually pays that surveyor's fees where the works are solely for their benefit.
There are exceptions where costs can be shared. If the work involves repairing a shared party wall that is defective or in a state of disrepair, costs can be shared. The neighbour may share costs where work is needed due to defect or disrepair.
The building owner usually pays reasonable surveyor fees. RICS says an adjoining owner may be exposed to costs if they act unreasonably, for example by making excessive demands or demanding abortive or pointless visits.
What it costs in 2026
The total cost of resolving a party wall dispute depends heavily on how many surveyors are involved, where the property is and how complex the building work is.
The table below shows typical 2026 prices for party wall services. Your own quotes will differ.
|
Service or surveyor type |
Typical 2026 price range |
|---|---|
|
Agreed surveyor (one surveyor for both) |
£700 to £1,200 |
|
Two surveyors (outside London) |
£1,500 to £3,500 or more |
|
Two surveyors (London) |
£1,500 to £4,000 |
|
Third surveyor (if needed) |
£300 to £800 |
|
Schedule of condition |
£200 to £600 |
|
Surveyor hourly rates |
£90 to £150 |
These figures represent typical 2026 prices for resolving a dispute under the Act. When two surveyors are appointed, the building owner is paying the fee for their own surveyor plus the fee for the neighbour's surveyor, which pushes the total price up considerably.
A third surveyor is only needed if the two surveyors cannot agree. Hourly rates give an idea of what extra time may cost.
Appealing a party wall award
Once the award is signed and served to both owners, it is final and binding. It dictates how the work will proceed, and both the building owner and the neighbour must follow its terms. It is final and binding unless rescinded or modified by a county court.
If either owner believes the award is fundamentally flawed, they have the right to appeal it. An award can be appealed in the county court, and the court has the power to rescind or modify the document. However, you have a very strict window to do this. You must lodge the appeal within 14 days of the award being served.
An appeal moves the matter into the county court, so get advice from your surveyor or a solicitor first.
If you are the neighbour receiving a notice
Receiving a party wall notice can be stressful. You might worry about noise, dust, structural damage or builders entering your garden. It is important to know that you cannot block the building owner's rights under the Act. The Act gives them rights, and you cannot block them.
What you can do is influence how and when the work is done. By dissenting to the notice, you trigger the dispute process, which means surveyors will be involved. RICS suggests taking a surveyor's advice on whether to consent or dissent, so you fully understand the implications for your own property before you reply.
If you do not consent, you must appoint a surveyor. You can choose to appoint the same surveyor as your neighbour to keep things simple, or you can appoint your own independent surveyor.
Remember that the surveyors are there to facilitate the work safely, not to stop it. If you make unreasonable demands, you may be exposed to costs.
Common questions
Can my neighbour stop my extension by dissenting?
No, a dissent does not give your neighbour a veto over your extension. It simply means that you cannot rely on a private agreement and must use surveyors to draw up a party wall award. Once the award is in place, you can start the work legally.
What if my neighbour ignores the surveyor letters?
If your neighbour does not respond within 14 days to a party structure or excavation notice, a dispute is deemed to have arisen. If they then refuse or fail to appoint a surveyor, you may appoint a second surveyor on their behalf.
Do I need a solicitor if my neighbour dissents?
The Act is administered through surveyors, who produce the award. For legal questions, such as an appeal to the county court or a boundary dispute, speak to a solicitor.
Can I change my mind after I have dissented?
Once surveyors are appointed, a surveyor cannot be removed by the appointing owner. Ask the surveyor what your options are before you change course.
How long does the dispute process take?
How long it takes depends on the project and how quickly everyone responds.
Next steps for resolving a party wall dispute
Whether you are the building owner who has received a dissent, or a neighbour who has just been handed a notice, the next steps are clear and governed by law. Follow these points to keep the process moving and protect your property:
- Check the dates carefully to see if the 14 days have passed, which means a dispute has automatically arisen.
- Decide whether you are happy to use an agreed surveyor, which is typically cheaper, or if you prefer to appoint two separate surveyors.
- Look for surveyors who hold AssocRICS, MRICS or FRICS qualifications and work for an RICS Regulated firm.
- Provide the surveyors with all the structural drawings and builder method statements as early as possible.
- Ensure the schedule of condition is carried out thoroughly before any tools are lifted on site.
- Wait until the final party wall award is signed and served before starting any of the notified building work.
Dealing with a dissent is a routine part of extending or altering a property in England and Wales. The best way to handle it is to instruct a competent, impartial professional who understands the Act and can draft a fair award, so find a surveyor near you to get the process started.
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