Resolving Party Wall Disputes

When planning construction work near or on a shared boundary, few things can stall progress faster than a disagreement with a neighbour.

Fortunately, the Party Wall etc. Act 1996 provides a clear legal framework for resolving party wall disputes swiftly and fairly — without the need for costly court battles.

Whether you're the Building Owner initiating work or the Adjoining Owner impacted by it, understanding how the dispute resolution process works is vital.

This guide outlines everything you need to know about resolving party wall disputes, from when they arise, to the role of surveyors, to challenging an award if needed.

What Triggers a Party Wall Dispute?

Under the Party Wall etc. Act 1996, a dispute is deemed to arise when the Adjoining Owner either:

Formally dissents from a party wall notice; or

Fails to respond within 14 days of receiving the notice.

This applies whether the proposed work involves building on or near the party wall, undertaking excavation near a neighbouring structure, or carrying out alterations to a shared wall or structure.

Crucially, a dispute can also be triggered after an initial agreement — for example, if damage occurs during the work or the scope of the works changes materially.

The Dispute Resolution Mechanism

The Act removes the resolution process from the hands of the neighbours to avoid personal conflicts, instead appointing qualified professionals — party wall surveyors — to manage the situation.

Once a dispute arises, no work should proceed until the matter is formally resolved by surveyors through a legal document known as a Party Wall Award.

Appointing Party Wall Surveyors

1. Agreed Surveyor

Both parties may consent to appoint a single Agreed Surveyor, who acts impartially for both the Building and Adjoining Owners. This is often the most cost-effective and efficient approach, suitable when there’s a reasonable level of trust.

Once appointed, an agreed surveyor’s duty is strictly to the Act — not to either party. They will review plans, assess the condition of properties, and issue a binding Award.

2. Two Separate Surveyors

If parties prefer their own representation, each appoints their own surveyor. These two then select a Third Surveyor to step in only if there’s a disagreement between them or if one party fails to act.

If an Adjoining Owner fails to appoint a surveyor within 10 days of a formal request, the Building Owner’s surveyor may appoint one on their behalf. This prevents the process from being indefinitely stalled by non-cooperation.

Who can be a surveyor?
The Act defines a surveyor as any impartial person not party to the matter — they need not be chartered but should have adequate knowledge and experience. Many are members of the Royal Institution of Chartered Surveyors (RICS) or the Faculty of Party Wall Surveyors.

What Is a Party Wall Award?

A Party Wall Award (often informally called a "party wall agreement") is the formal document issued by the surveyor(s) to resolve the dispute. It sets out:

The exact works permitted under the Act.

The method and timing of the works (e.g., working hours, noise limitations).

Measures to protect the Adjoining Owner’s property.

A Schedule of Condition – a detailed record of the Adjoining Owner’s property before work begins.

Access rights for surveyors and contractors.

Responsibility for costs, typically falling on the Building Owner.

In many cases, the Award also sets out procedures for rectifying any damage or handling new issues that arise mid-project.

Once served, and if no appeal is made, the Award is legally binding. If either party fails to comply, the Award can be enforced in court.

Who Pays the Costs?

The default position under the Act is that the Building Owner pays all reasonable costs, including surveyor fees and any protective works. However, if the Adjoining Owner has requested additional works solely for their own benefit, they may be liable for those costs.

Surveyors have discretion to fairly apportion costs. For instance, if one party caused unnecessary delay or incurred additional expenses, they may be asked to contribute.

What Happens If You Disagree with the Award?

If either party believes the Award is unjust or outside the scope of the Act, they may appeal to the county court within 14 days of receiving it.

However, courts generally respect the expertise of surveyors and will only overturn an Award if there’s a clear legal error or manifest unfairness. If you lose an appeal, you could be liable for both your own and the other party’s legal costs, so appeals should be considered carefully.

After the Award: During and After Construction

With the Award in place, the Building Owner can begin work, provided they adhere strictly to its terms.

Surveyors may make site visits during construction to ensure compliance. If the scope of work changes significantly or unforeseen issues arise (e.g., structural complications), the surveyors may issue a supplementary Award.

At the end of the works, a final inspection may be carried out. If any damage has occurred to the Adjoining Owner’s property, the Building Owner is usually required to make it good — either through repair or financial compensation, as outlined in the Award.

Resolving Party Wall Disputes - Why This Process Matters

Resolving party wall disputes through this formal, structured process minimises the risk of hostility and protects the rights of both parties.

While some homeowners worry that appointing surveyors will escalate matters or increase costs, the reverse is often true : professional resolution avoids neighbour disputes from becoming legal wars.

Surveyors act as a form of alternative dispute resolution (ADR), ensuring fairness, legal compliance, and clarity.

For homeowners, developers, and architects alike, engaging experienced party wall surveyors is a vital step in ensuring your project proceeds smoothly and lawfully.

Resolving Party Wall Disputes - Final Thoughts

The Party Wall etc. Act 1996 was designed to simplify and streamline a historically tricky area of construction law.

By understanding the process of resolving party wall disputes, you can approach your project with confidence, knowing there’s a clear path to agreement even when neighbours don’t see eye to eye.

Whether you're starting a rear extension, basement excavation, or loft conversion, early advice from a qualified party wall specialist can save you time, stress, and unexpected expense.

If you're unsure about your obligations or want help navigating the process, get in touch.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135. If you would rather we called you instead, please fill in our Contact form and we will be in touch.

For a quick online quote for Party Wall advice, send us the details of your project.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you are planning work that is covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property please contact: