It is important to note that party wall matters in which Westville Associates is involved can go off without a hitch, with both parties happy with the end result. Simon Burrage is excellent at fielding questions, conducting rigorous pre-build surveys in Surrey & London to put your neighbours’ minds at rest, and enabling building works to begin quickly.
Key Takeaways
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“Dispute” usually means the legal process has started, not an argument — it’s the Party Wall Act’s formal route for dealing with disagreement or non-response about notifiable works.
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Two common ways a dispute starts: either your neighbour doesn’t respond to the notice within 14 days, or they reply dissenting and appoint a surveyor (or agree to one surveyor).
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The party wall Award is the practical outcome — it sets out how and when work can be done, any protective measures, and how costs/fees are dealt with.
The Resolution of Disputes
One of the first things to understand is the terminology of the Party Wall Act. The word ‘dispute’ has a specific meaning within the Act; it arises when an adjoining owner dissents from certain proposed works or does not respond to a notice within the required period. It does not necessarily mean the owners are arguing. In other words, the Adjoining Owners are engaging in the dispute-resolution process under the Party Wall Act. The government’s explanatory booklet sets out how a dispute arises.
- Resolution of disputes between the owners has a particular meaning within the Party Wall Act. A Party Wall dispute is covered under Section 10 of the Act, which contains the dispute resolution procedure.
There are two possible dispute scenarios.
- Either a dispute is deemed to have occurred because there was no reply to the initial Notice within 14 days. A further request under Section 10(4) concerns the appointment of a surveyor.
- Or the dispute has occurred by the Adjoining Owner replying to the Notice saying that they’re in dispute and they wish to appoint either an Agreed Surveyor or their own Surveyor to resolve the dispute.
Whether the Adjoining Owner has appointed their own surveyor or had one appointed on their behalf under section 10(4)(b), the Building Surveyor and Adjoining Surveyor must select a Third Surveyor. The primary function of the Third Surveyor is to ensure that the process does not come to a halt through disagreement or inaction.
So a dispute about notifiable works can be resolved by means of an Award prepared by an Agreed Surveyor or the appointed surveyors.
The Award may determine:
Under section 10(12):
- The right for the Building Owner to execute any planned work
- The time and the manner of how that would look
- Any other matters arising out of, or incidental to the dispute, including the cost of making the award. See who pays.
An award is a legal document and only refers to works that are notifiable under the Act. Point 1, the right to undertake works by the Building Owner is rarely disputed. A party wall award is separate from planning permission or approval under Permitted Development. This step of the building process is taken in isolation from the Adjoining owner’s property outside of planning, and may make all sorts of assumptions about the next-door property’s foundations and structure.
A Schedule of Condition records the adjoining property’s condition before work begins. Westville, as a Party Wall Surveyor, have a duty to understand exactly how the intended works may impact the next-door property.
This is where the first pushback occurs. You may be subject to restrictions on noise levels or on building work hours. Here again, there is a limit to what your neighbour can object to. Where discussions can get heated is when foundations and the risk of subsidence are discussed.
Another element for disagreement is fees. The common assumption that all Building Owners pay the fees is not always correct. Usually the Building Owner pays the surveyor fees when the work is solely for their benefit, but the allocation can differ in other circumstances. See who pays the fees. The government guidance on fees explains the distinction.
Received a notice for a property in Surrey or London? Call Simon on 07834 761 411 to discuss what happens next.
Read More
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Party Wall etc. Act 1996 – Section 10 (Resolution of disputes)
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GOV.UK: The Party Wall etc. Act 1996 – Explanatory booklet
FAQs
What does “dispute” mean under the Party Wall Act?
It usually means the formal process has been triggered by dissent or non-response to a notice, not that neighbours are arguing.
How does a party wall dispute start?
Either the neighbour doesn’t reply to a relevant notice within 14 days, or they reply dissenting and appoint a surveyor (or agree to one).
What is the outcome of the dispute process?
A legal document that sets out how the works must be carried out and covers related matters like timing and costs.
What is a Third Surveyor and why are they chosen?
When two surveyors are appointed, they select a Third Surveyor as a backstop so the process can’t stall through disagreement or inaction.
Can my neighbour stop the works completely?
Usually, they can’t stop the right to do notifiable works, but the Award can impose practical safeguards (hours, methods, protections) to reduce risk and disruption.
Who pays the surveyor fees?
The Building Owner usually pays when the work is solely for their benefit. The allocation can differ in other circumstances.
Need help resolving a party wall dispute? Contact Westville Associates to discuss your notice and the proposed works.
