What Triggers Party Wall Disputes?
Party wall disputes almost always start with one thing: bad communication. People who haven’t been up-front and clear about what is going to happen, or their objections to it.
Legally speaking, there are a few things that can trigger a dispute:
• Cutting into or repairing a shared wall.
• Excavating near a neighbouring property.
• Building right up to or on the boundary line.
All of these works are perfectly legal (thanks to the Party Wall etc Act 1996) as long as the right process is followed. Some owners assume that small projects don’t need to follow the formal process outlines in the Act – and they’re wrong. All projects involving a party wall, no matter how big or small, need to follow this process.
So, where do the problems come from? In our experience, the most common are:
• A party not giving notice before starting work.
• Work starting too early, without agreement or a signed notice.
• Noise, mess or access issues during construction.
• Damage to the neighbour’s property (or worry it will happen).
Notice a theme? It’s often not the work itself that causes the conflict. It’s a lack of transparency, consideration or communication around it. The good news is, that means you can do something to prevent disputes from even happening!
Preventing and Resolving Conflict Early
Communicate, communicate, communicate! That’s the key to party wall projects.
Before any notices are served, take the time to talk to your neighbour. Explain what you’re doing, why and when. Even if they’re concerned, that early conversation can make a big difference. It gives you the chance to consider their worries and deal with any requests they might have.
Once you’ve done that, you can serve the correct Party Wall Notice in writing. This is a legal requirement, not just a courtesy, so make sure you get it right. There are 3 types of notice, depending on the work you’re doing:
• Party structure notice.
• Line of junction notice.
• Notice of adjacent excavation.
You should give at least 1-2 months’ notice before work starts. If they consent, you’re good to go! Just proceed with care and keep the communication up with your neighbour.
If they dissent, don’t panic. There’s a formal dispute resolution process just for this, which is designed to protect both parties and not punish anyone. So don’t hold a grudge if your neighbour dissents – it’s their right after all.
You’ll each appoint a surveyor, or agree on one to act on both of your behalf. The outcome? A legally binding document called an Award, which outlines how the work will proceed, what safeguards will be built in, and details of how the dispute will be resolved. It’s not about one side ‘winning’ – it’s about fairness.
Understanding the Formal Process
We’ve mentioned this formal process a few times now, so here’s how it works, step by step.
• Notice is served on the adjoining owner.
• The neighbour either;
o Consents – no dispute, just crack on with the work.
o Dissents or fails to respond within 14 days (which counts as dissent). Remember, dissent isn’t going to stop you from doing the work, it just triggers the next part of the resolution process.
• Each party appoints a surveyor each, or one agreed surveyor.
• Surveyors carry out a Schedule of Condition, recording the state of the neighbour’s property before the work starts.
• The surveyors prepare a Party Wall Award, which details:
o The work to be done.
o How and when it’s carried out.
o Protective measures.
o Access rights (where required).
o Fees.
o Any other matters related to the dispute.
One the 14-day period after service has ended, that Award is legally binding.
If you ignore this process, then your neighbour is within their rights to get an injunction to stop the work. So it’s much easier and cheaper to do it right the first time!
When to Get a Surveyor
So, when in this process do you need to bring in a party wall surveyor?
• If your neighbour has dissented to a notice
• If you’ve received a notice and don’t know what to do
• If there has been damage or tension during building works
• If you want a clear, structured document in place to protect both parties.
Remember, surveyors don’t just handle the paperwork. We’re here to offer impartial advice, reduce misunderstandings and make sure the work is all done safely and legally. We’re also able to record pre-work conditions, which is a good way to avoid false claims of damage, or to prove damage was caused by neighbouring works. This often helps maintain neighbourly relationships in the long run!
In short, a surveyor will keep things fair, factual and under control.
Legal Options
Of course, not everything goes according to plan. Sometimes, despite your best efforts, it’s not enough, and things escalate. For example, your neighbour could refuse access, damage your property or dispute the Award itself. If this happens, you need to look at your legal options moving forward. This includes:
Injunctions: To stop unlawful or unsafe work.
Compensation claims: For proven damage caused by building work.
Appeals: An Award can be challenged in the County Court within 14 days of issue.
Before you jump to the legal options, we always advise you to speak with your surveyor first. We can often resolve misunderstandings or suggest alternatives that would avoid the courtroom (and its expense) altogether.
Remember, party wall disputes aren’t always about bad intentions. They’re often about poor communication and misunderstandings. With the right advice, and following the right procedures, you can protect your home, your project, and your relationship with your neighbours. After all, you have to live next to them!
If you’re planning work or are facing a dispute, we’re here to help. At Harrison Clarke we specialise in party wall matters. We pride ourselves on acting with clarity, fairness and professionalism, and we’ve helped countless property owners through this process smoothly. If you have any questions or want to discuss an upcoming project, please get in touch with our team on 023 8155 0051. We’d be happy to help!
For more expert advice on surveying and property matters, check out our range of informative videos on our website or YouTube channel. Harrison Clarke Chartered Surveyors is here to guide you every step of the way!
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