1. What does “Dissent” mean?
When you serve a Party Wall etc. Act 1996 notice, your neighbour (the “Adjoining Owner”) has 14 days to respond.
If they either explicitly dissent, or fail to respond within 14 days the law treats this as a dissent.
It doesn’t follow that they’re trying to block the works. It simply signals that there’s a disagreement and triggers the dispute-resolution procedure under the Act.
2. What happens after dissent
Once dissent is triggered, one of the following must happen, by law:
- Both parties agree on a single impartial surveyor (an “Agreed Surveyor”), or
- Each party appoints their own surveyor (so two surveyors), and if these two can’t agree – a third (tie-breaker) surveyor is brought in.
Once surveyor(s) are appointed, they’ll draw up a legally binding document: a Party Wall Award, which:
- Defines exactly what works are allowed,
- Specifies how and when they must be done,
- Includes protections for the adjoining owner’s property (e.g. a “schedule of condition” to record its pre-works state),
- Sets out who pays and how costs are handled (including surveyor fees).
The Building Owner – i.e. the person doing the works – is normally responsible for covering the surveyor(s)’ fees when the works benefit them.
3. What you should do
If your neighbour dissents (or doesn’t respond), you should:
- Remind them (politely) – Sometimes dissent arises simply because your neighbour is unsure or nervous about what’s proposed. A friendly conversation or aclear written explanation about the scope, timing, impacts, and protections – plus reassurance that the process is standard and legal – might reduce tension.
- Appoint a surveyor quickly – To keep to statutory timescales and avoid delays, agree a surveyor(s) as soon as possible. If your neighbour doesn’t cooperate, the law allows you to appoint a surveyor on their behalf. Bristol Part Wall can act as your surveyor. Please contact us if you like further information.
- Ensure a Schedule of Condition is done – This is especially important if the works involve structural changes, excavations, or any work that could affect your neighbour’s property. A schedule helps protect you (or them) in case of damage or dispute.Bristol Party Wall carry out Schedule of Condition inspections across a 50-mile radius of Bristol. Please contact us if you would like us to help.
- Keep records – Keep copies of the original notice, any written communication, and all documents related to the surveyor’s appointment. This helps if there’s a future claim for damage or dispute.
If you are unsure what to do please contact us – We can help.
4. What a neighbour gains by dissenting (or why dissent happens)
Dissent gives the adjoining owner added protection under the Act: a neutral mechanism to monitor and control works that might affect their home.
It allows them to have a legal record of the property’s prior condition, increasing transparency and reducing risk of disputes or damage claims.
Often dissent stems not from a desire to block but from a wish to make sure works are “done properly, not haphazardly” — which is very common and understandable.
5. What happens after the Party Wall Award
Once the surveyor(s) draw up the Party Wall Award and both parties have it, works may proceed — but strictly as defined in the Award. Deviating from it can risk legal challenge, delay or claims for damage.
The Award should include who pays for what (works, repairs, protective measures) — normally the Building Owner for works solely benefiting them.
If either party disagrees with the Award, there is a 14-day window to appeal to the County Court. After that, the Award becomes final and binding.
6. Tips & best practice
- Communicate early and clearly. Before serving the notice, try to meet or speak with your neighbour — explain the work, your timeline, potential disruption, and the safeguards you will put in place. This reduces the odds of dissent or friction.
- Be transparent. Share plans and be open to questions. Neighbours often dissent because they fear damage or disruption; giving them more information can reassure them.
- Use experienced surveyors. Ideally ones familiar with the local area and typical neighbourhood concerns. Their confidence and clarity can ease neighbour anxiety.
- Budget for potential extra costs. If dissent leads to a full Party Wall Award, you’ll need to pay for surveyor fees and possibly slightly higher compliance costs — but this is the standard legal process under the Act.
- Stick to the Award. Once agreed, make sure your builders/construction team understand the Award’s terms: working hours, protection measures, access to neighbour’s property, reinstatement obligations, etc.
Summary
Dissent is not a dead end
Dissent under the Party Wall Act does not mean your project is blocked, it means the legal safeguards are engaged. The process simply requires surveyor involvement, a Party Wall Award, and adherence to the Act’s rules. Done properly, it protects both parties’ interests and gives a clear, legally enforceable framework so building can proceed without unnecessary tension or risk.
