1. What does “dissent” mean?
When you serve a notice under the Party Wall etc. Act 1996, your neighbour (known as the Adjoining Owner) has 14 days to respond.
If they:
- explicitly dissent, or
- fail to respond within 14 days,
the law treats this as a dissent.
Dissent does not mean your neighbour is trying to stop the works. It simply means there is no written consent, which automatically triggers the dispute-resolution procedure set out in the Act.
2. What happens after dissent?
Once dissent is triggered, one of the following must happen by law:
Both parties agree to appoint one impartial surveyor (known as an Agreed Surveyor), or
Each party appoints their own surveyor (two surveyors). If those two surveyors cannot agree on any matter, a Third Surveyor is selected as a tie-breaker.
Once the surveyor(s) are appointed, they will prepare a legally binding Party Wall Award, which:
- defines exactly what works are permitted
- sets out how and when the works must be carried out
- includes protections for the adjoining owner’s property (such as a Schedule of Condition)
- explains responsibility for costs, including surveyor fees
In most cases, the Building Owner (the person carrying out the works) is responsible for paying the surveyor(s)’ fees where the works benefit them.
3. What you should do if your neighbour dissents
If your neighbour dissents – or does not respond – you should:
1. Speak to them politely
Dissent often arises because a neighbour is uncertain or nervous about what is proposed. A calm conversation or a clear written explanation covering the scope of works, timings, impacts, and safeguards can help reduce tension and misunderstandings.
2. Appoint a surveyor promptly
To keep within statutory timescales and avoid delays, surveyor appointment should happen as soon as possible. If your neighbour does not cooperate, the Act allows a surveyor to be appointed on their behalf.
Bristol Party Wall can act as your surveyor – please get in touch for further advice.
3. Ensure a Schedule of Condition is prepared
This is especially important for structural works, excavation, or any works that could affect a neighbouring property. A Schedule of Condition protects both parties by recording the condition of the adjoining property before works begin.
Bristol Party Wall carries out Schedule of Condition inspections within a 50-mile radius of Bristol.
4. Keep clear records
Retain copies of the original notice, written correspondence, surveyor appointment letters, and the Party Wall Award. These records are essential if any future dispute or damage claim arises.
If you are unsure how to proceed, please contact us – we’re happy to help.
4. Why neighbours dissent (and what they gain)
Dissent gives the adjoining owner additional legal protection under the Act. It creates a neutral, structured process to monitor and control works that may affect their property.
It also ensures:
- a formal record of the property’s condition
- clarity around how works must be carried out
- protection if damage occurs
In many cases, dissent is not about opposition — it reflects a desire for reassurance that works will be carried out properly and professionally.
5. What happens after the Party Wall Award is served?
Once the Party Wall Award has been agreed and served on both parties, works may proceed — but only in accordance with the terms of the Award.
Departing from the Award can lead to:
- legal challenge
- delays or injunctions
- liability for damage
The Award will also confirm who is responsible for costs, repairs, and protective measures — usually the Building Owner where the works benefit them alone.
Either party has 14 days to appeal the Award in the County Court. After this period, the Award becomes final and binding.
6. Tips and best practice
- Communicate early and clearly with neighbours before serving notices
- Be transparent and share relevant drawings and information
- Use experienced Party Wall surveyors who specialise in this area
- Budget for surveyor fees if a dispute arises — this is a normal part of the legal process
- Ensure contractors fully understand and comply with the Party Wall Award
Summary: Dissent is not a dead end
Dissent under the Party Wall Act does not mean your project is blocked. It simply means the legal safeguards are engaged.
With proper surveyor involvement, a clear Party Wall Award, and compliance with the Act, works can proceed in a structured, lawful way that protects both parties and reduces the risk of conflict.
