Dealing with disputes under the Party Wall Act
How disputes arise, how surveyors resolve them, and the role of the third surveyor and the courts.
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In short
A dispute under the Act simply means the neighbour hasn't consented. It's resolved by surveyors who make a binding award. If the surveyors can't agree, the third surveyor decides. Either owner can appeal an award to the county court within 14 days.
How a dispute arises
- The neighbour dissents to a notice
- The neighbour doesn't respond within 14 days
- Disagreement after work starts, such as about damage
The three ways surveyors are appointed
| Route | How it works |
|---|---|
| Agreed surveyor | One surveyor acts for both owners |
| Two surveyors | Each owner appoints their own; they agree the award together |
| Third surveyor | Selected at the start by the two surveyors; decides anything they can't agree |
When things go wrong mid-project
If damage appears, the award sets out how it's assessed and put right. If work goes beyond what was notified, a new notice or an addendum award may be needed. See party wall disputes.
Going to court
The Act is designed to keep disputes out of court. Appeals against an award must be made to the county court within 14 days of it being served, and should only be considered with legal advice.
Common questions
Who appoints the third surveyor?
The two appointed surveyors select the third surveyor at the start of the process, before any disagreement arises.
Source: Party Wall etc. Act 1996 (applies in England and Wales).
Written by Guy Crouch BSc (Hons) MRICS, Director and Chartered Building Surveyor at Manchester Party Wall Surveyors. Last reviewed 26 October 2026. This page is general guidance, not legal advice. About our team
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