Most party wall matters are settled amicably, but where owners cannot agree, the Party Wall etc. Act 1996 provides a clear and largely non-adversarial route to resolution through Section 10. Understanding how a dispute arises and how it is resolved helps both building and adjoining owners approach the process with confidence.
How Disputes Arise
A dispute in the party wall sense is not the same as a quarrel. The Act deems a dispute to have arisen in several common situations, most of which are procedural rather than personal:
- The adjoining owner dissents from a party wall notice
- The adjoining owner fails to respond within fourteen days of service
- The parties cannot agree the terms on which works should proceed
- Damage is alleged to have been caused by notifiable works
In each case the Act requires the matter to be resolved by surveyors rather than through the courts, keeping costs and delay to a minimum.
Resolution Under Section 10
Section 10 sets out the mechanism for resolving disputes. The owners may agree to appoint a single agreed surveyor who acts impartially for both, which is usually the quickest and most economical route. Alternatively, each owner appoints their own surveyor, and those two surveyors work together to resolve matters.
The Role of Surveyors
Although a surveyor is appointed by an owner, their duty is to the Act, not to the party who appointed them. They must act impartially and reach a fair outcome. Where two appointed surveyors are used, they must, before they begin, jointly select a third surveyor who can be called upon to determine any point on which they cannot agree.
The Party Wall Award
The resolution is set out in a party wall award, a binding document that typically records:
- The works that may be carried out and the manner and timing of them
- A schedule of condition of the adjoining property before works begin
- Any protective measures, monitoring or access arrangements
- The allocation of surveyors’ reasonable fees, usually to the building owner
| Stage | Who acts | Outcome |
|---|---|---|
| Dispute deemed to arise | Owners | Surveyors appointed under Section 10 |
| Award prepared | Agreed or appointed surveyors | Binding party wall award |
| Deadlock between surveyors | Third surveyor | Determination on the disputed point |
Appealing an Award
An award is binding on both parties unless it is appealed. Either owner may appeal to the county court within fourteen days of the award being served. The court may rescind the award or modify it as it thinks fit. Appeals are relatively uncommon, because a properly prepared award reflects the Act and the technical realities of the works. For general questions, see our general FAQs.
FAQs
Does a dispute mean the works are stopped?
No. A deemed dispute simply triggers the surveyor process. Once an award is in place, the notified works may proceed in accordance with its terms.
Who pays for resolving the dispute?
The building owner carrying out the works normally pays the reasonable surveyors’ fees, as the works are for their benefit. The award records how fees are allocated.
How long do I have to appeal?
You have fourteen days from the date the award is served to appeal to the county court. After that period the award stands and is fully binding.
If you are facing a party wall dispute anywhere in London, our RICS-accredited surveyors can act as agreed surveyor or as your appointed surveyor to secure a fair award. Contact us for impartial, expert help.