Serving a party wall notice is only the beginning of the process. For many building owners, the more pressing concern is what happens next, particularly if relations with the adjoining owner are strained. In our experience at ALD Surveying, the vast majority of party wall situations resolve without significant friction, but knowing your legal position when things don’t go smoothly is important.
The Three Possible Responses
Once a valid party wall notice has been served, the adjoining owner has 14 days to respond in writing. Within that window, three outcomes are possible. They can consent in writing, which allows notifiable works to proceed without any formal Award being produced. They can dissent, triggering the appointment of surveyors and the production of a Party Wall Award. Or, and this is the option that surprises most building owners, they can do nothing at all.
Silence, under the Act, is treated as dissent. After the 14-day window closes with no response, the dispute resolution process kicks in automatically. This is a deliberate safeguard in the legislation to prevent adjoining owners from blocking projects simply by ignoring correspondence.
What Happens When a Neighbour Dissents?
A formal dissent doesn’t mean your project is blocked. It means the parties must appoint surveyors to produce a Party Wall Award that governs how the works will be carried out. The building owner and the adjoining owner can either agree on a single surveyor to act for both, called an agreed surveyor, or each appoint their own.
Where each party has their own party wall surveyor, those two surveyors work together to produce the Award. If they cannot agree, a third surveyor, typically selected in advance from a list, acts as a tie-breaker. The Award, once produced, is legally binding on both parties.
Can a Neighbour Actually Stop Your Works?
Not indefinitely. The party wall process is specifically designed to prevent adjoining owners from vetoing building work outright. What the Act gives neighbours is a voice, the right to have a surveyor represent their interests, to have a Schedule of Condition taken, and to have the works governed by an Award that includes protective provisions. It does not give them the right to simply say no and put an end to the project.
That said, a neighbour who instructs their surveyor to challenge every element of the proposed Award, or who refuses reasonable compromise, can add weeks to the process and increase costs significantly. Selecting an experienced party wall surveyor who can handle these situations diplomatically is valuable.
What If a Neighbour Ignores the Award Itself?
Once an Award is in place, both parties are bound by it. If the adjoining owner obstructs access rights granted by the Award, for instance refusing to allow surveyors or contractors onto their property when the Award permits it, the building owner can apply to a magistrates’ court for enforcement. This is an uncommon step, but the legal mechanism exists.
On the other side, if a building owner proceeds with works in a manner that breaches the Award, the adjoining owner can seek an injunction to halt the works. In serious cases, they may also pursue compensation for damage caused.
What If There Is No Award at All?
This is the scenario we urge clients most strongly to avoid. Carrying out notifiable works without serving a valid notice, or proceeding without an Award after dissent, removes your legal protection entirely. If a neighbour suffers damage, whether directly caused by your works or not, and there is no party wall process in place, the liability position becomes very difficult.
We see this situation occasionally, usually where a homeowner was advised by a builder that the Act “didn’t really apply.” The Party Wall Act does apply, and the consequences of ignoring it, including injunctions, legal costs, and claims for damage, are significantly more disruptive to a build programme than the process itself.
For advice on your specific situation, or to understand your rights and obligations under the Party Wall Act, visit our Party Wall Act service page.