Get help settling a party wall dispute with your neighbour

Two neighbours in disagreement, a party wall award stamped for appeal and a county court building with columns

For building owners and neighbours in England and Wales whose party wall matter has stalled or been challenged, or who disagree with an award. Compare quotes from party wall surveyors.

Under the Party Wall etc. Act 1996, a “dispute” is a formal step, not necessarily a falling-out. It begins when a neighbour dissents (formally objects) to a notice, or does not reply within 14 days, and surveyors then settle the terms in a written award. Matters get harder when owners cannot agree a surveyor, the surveyors disagree, work starts without notice or someone thinks an award is unfair. A party wall surveyor can explain where you stand, act for you, refer points the surveyors cannot settle to a third surveyor and explain what an appeal would involve. The Act applies in England and Wales. A county court appeal or an injunction is a legal step, so you may also need a solicitor.

How a professional can help

Understanding where you are in the process: Many people assume a dispute means a row. A surveyor explains which notice started the process, which stage you have reached, what has to happen next and which deadlines are running.
Appointing or replacing a surveyor: If a neighbour will not appoint a surveyor, the Act lets the other owner appoint one on their behalf after a written request. A surveyor can guide you through that step and through choosing an agreed surveyor.
Referring points to a third surveyor: When the two surveyors cannot agree on a point, such as working hours or protection for next door, it goes to the third surveyor they chose, who decides that point in writing.
Work started without notice: If a neighbour has begun work that needs notice, a surveyor can write to them, explain what the Act requires and advise whether to seek an award, ask for the work to stop or take legal advice.
Reviewing an award you disagree with: A surveyor can read an award with you, explain what it requires and tell you which options exist, including an appeal, before the short time limit for appealing runs out.
Technical evidence for a county court appeal: An appeal goes to the county court, so a solicitor normally leads. A surveyor can help prepare the technical side: the works, the award and the condition of the properties involved.

Is this right for you?

Your neighbour has objected or stopped replying, and you are not sure how to move things forward.
The two surveyors cannot agree on a point and it needs to go to a third surveyor.
An award has been served on you and you think it asks too much of you, or protects you too little.
Work has started next door, or on your side, without notice or beyond what an award allows.
You want to understand your options before taking legal advice.

How the project usually runs

Review the paperwork: The surveyor reads the notices, any replies, the drawings and the award if there is one, to establish what has been served, when, and what stage the matter has reached.
Explain the options: You get a plain account of the routes open to you, such as agreeing one surveyor, appointing separate surveyors, referring a point to a third surveyor or taking legal advice, with deadlines flagged.
Surveyors work through the dispute: The appointed surveyors correspond, inspect where needed and aim to agree an award. Points they cannot agree on go to the third surveyor, who decides them.
Award served and checked: The award is served on both owners. It sets what may be done, when and how, and who pays. If you think it is wrong, act promptly because the appeal time limit is short.
Work proceeds, or an appeal is made: Work goes ahead under the award or, if an owner appeals, the county court considers it. A solicitor usually leads that stage, with the surveyor giving technical input.

What affects the cost

How many surveyors are involved, and whether a third surveyor has to be called in.
How many points are in dispute and how long the correspondence takes to settle.
Whether the properties need inspecting, or a schedule of condition has to be prepared or checked.
Whether the matter stays with the surveyors or reaches the county court, where solicitors’ and court costs come in separately.
Who the award says should pay each cost, which depends on the circumstances.

Where the Act helps, and where it stops

Party wall surveyors work across the UK, but the Act itself applies in England and Wales only. Scotland and Northern Ireland have different rules.
An award settles matters under the Act, such as how and when work is done. It does not settle who owns a boundary or whether a right of light exists.
An award can be appealed to the county court, but only within a short time limit after it is served, so get advice as soon as you receive one.
Planning permission and Building Regulations (a building warrant in Scotland) are separate approvals, and the rules differ across the four nations. An award does not replace them, and they do not replace an award.

Questions people ask

Does a dispute mean we have fallen out?

Not usually. Under the Act, a dispute is treated as having arisen when a neighbour objects or does not reply to a notice within 14 days. It is simply the trigger for appointing surveyors to settle terms, and many end in an award without any argument.

What if my neighbour refuses to appoint a surveyor?

After a written request, the Act lets the other owner appoint a surveyor on their behalf if they still do not act. That surveyor must still act fairly and impartially. A party wall surveyor can advise on the request and how long to allow.

Can an award be appealed?

Yes. Either owner can appeal an award to the county court, but the time limit is short: 14 days from when it was served. As it is a legal process, take a solicitor’s advice quickly, and ask your surveyor to explain the parts that worry you.

What can I do if work has started without notice?

Start by raising it politely, as a neighbour may not know the Act applies. A party wall surveyor can write to them and explain what is required. If work continues, a court order called an injunction can be sought, which is a legal step needing a solicitor.

Who pays when there is a dispute?

The award says who pays. Normally the building owner pays the reasonable surveyors’ fees, because the work is for their benefit, though costs can be shared differently where, for example, a neighbour asks for extra work. A drawn-out dispute usually adds to the total.

Can one surveyor act for both of us?

Yes, if both owners agree to appoint a single agreed surveyor. That is often simpler and less costly, but you must both be comfortable that the surveyor will act impartially. If either of you prefers, each can appoint your own surveyor instead.

Available across the UK

Party wall surveyors cover the whole of the UK. The Party Wall etc. Act 1996 applies in England and Wales; Scotland and Northern Ireland have different rules, and a professional can tell you what applies to your property.