Party Wall Services. Handled by Professional Surveyors.
When your neighbour dissents to a party wall notice, your project is not blocked. Dissent means a dispute is deemed to have arisen, so surveyors are appointed to agree a Party Wall Award that sets out how the works proceed and how the neighbouring property is protected.
Dissent is a normal step, not a refusal. It usually adds a few weeks while the Award is prepared, and the Building Owner normally pays the reasonable surveyor fees. Once the Award is served, the works covered by it can begin.
It means your neighbour does not consent to the works as notified, so the matter moves to the surveyor stage. It does not mean they can stop the works. Under the Party Wall etc. Act 1996, a dissent is simply how the Act resolves a difference between two owners.
A neighbour might dissent for several reasons, and often it is caution rather than opposition. They may want a Schedule of Condition recorded, the working hours set out, or protection for their property written into a formal Award. Dissent gives them that protection. It can also happen automatically: if your neighbour does not respond within 14 days of receiving the notice, the Act treats their silence as a dispute, and the route that follows is the same as a formal objection.
The route affects cost and speed, not the protection either side receives. Both end in the same place: a Party Wall Award.
| Agreed Surveyor | Two Surveyors | |
|---|---|---|
| Who acts | One surveyor for both owners | Each owner appoints their own |
| Best when | Both sides accept one impartial surveyor | Either side prefers their own representation |
| Cost | Usually lower | Usually higher, two sets of fees |
| Speed | Usually faster | Can take a little longer |
The Building Owner usually pays the reasonable fees either way. Our guide on the Agreed Surveyor route covers when a single surveyor works best.
The Award is the document the surveyors prepare, and it is legally binding on both owners. It usually covers:
Once the Award is served on both owners, the works covered by it can begin. Either owner can appeal to the County Court within 14 days, but appeals are uncommon where the Award is fair to both sides.
A dissent does add time, but it is usually manageable. After the notice period, preparing the Award typically takes a further four to six weeks, depending on the surveyors' availability and the complexity of the works. Serving notice early is the simplest way to absorb this time without delaying your start date.
A dissent cannot stop reasonable works indefinitely. The Act is designed to let notifiable works go ahead while protecting the neighbouring property; the Award sets the terms, it does not give your neighbour a veto. The one real limit is that works covered by the Award cannot begin until it is in place. There is one exception to watch: if a notice was not served correctly in the first place, a neighbour can apply for an injunction, which you avoid by serving valid notices and following the process from the start.
Yes. Once a dispute is deemed to have arisen, the Act requires a surveyor to prepare the Party Wall Award, and the works cannot proceed without it. This is the point at which professional help stops being optional.
A party wall surveyor handles the appointment, prepares the Schedule of Condition, and drafts the Award. Where you and your neighbour are both comfortable with one impartial surveyor, LENIO can act as the Agreed Surveyor for both sides. Every dissent and Award instruction at LENIO is led personally by a Chartered Civil and Building Engineer (ICE and CABE).
No. Dissenting is not a refusal of your works. It is the formal route the Act uses to resolve a difference, and it leads to a Party Wall Award, not a block on the project. Most dissents are about getting protection in writing, not stopping the build. Once the Award is in place, the works covered by it can go ahead.
A Third Surveyor is selected by the two appointed surveyors at the start of the process. They are not involved day to day and only step in if the two surveyors cannot agree on a point. In practice the role is rarely needed; it is a safeguard that keeps the process moving if a disagreement arises.
In most cases the Building Owner carrying out the works pays the reasonable surveyors' fees, whether there is one Agreed Surveyor or two appointed surveyors. The Award itself sets out who pays what. LENIO gives a clear indication of fees at the outset, before any work begins.
Yes. Either owner can appeal to the County Court within 14 days of the Award being served. Appeals are uncommon, because a properly prepared Award is fair to both sides and designed to be balanced, which is why most are accepted without challenge.
After the notice period, the Award is usually prepared within four to six weeks, depending on the works and the surveyors' availability. A Schedule of Condition is carried out as part of this. Serving your notice early is the best way to absorb this time.
Yes. If you and your neighbour are both comfortable with one impartial surveyor, you can appoint an Agreed Surveyor. This single surveyor acts fairly for both owners and prepares one Award, and it is usually the quicker and cheaper route.
Call or send your details and a LENIO chartered surveyor will explain your next step and what the Award involves, with free initial advice and no obligation.
