Can a neighbour refuse a party wall agreement?
A neighbour cannot refuse a Party Wall Agreement but can dissent, triggering the appointment of surveyors to protect both parties. If they don’t respond, a surveyor is appointed on their behalf, ensuring the project moves forward legally.
Can a Neighbour Refuse a Party Wall Agreement? Understanding Your Rights
A neighbour cannot outright refuse a Party Wall Agreement under the Party Wall Act 1996, but they do have the right to dissent or raise concerns about the proposed construction. When a party wall notice is served, the adjoining owner has 14 days to either consent to the work or dissent.
If they dissent, this triggers the need for a formal Party Wall Agreement, overseen by one or more appointed surveyors. Dissenting doesn’t stop the project but instead ensures that a fair agreement is reached, protecting both parties’ interests during the construction process.
If a neighbour refuses to engage entirely—by not responding to the notice or refusing to appoint a surveyor—a surveyor can be appointed on their behalf. This ensures that the process moves forward even if the neighbour is uncooperative.
The surveyor(s) will then create a Party Wall Award that outlines the terms under which the construction can proceed, addressing any concerns or potential damage to the adjoining property. This ensures that the building work complies with legal requirements while safeguarding the rights of both the building owner and the neighbour.
You are undertaking building works
- Check whether the Party Wall etc Act 1996 applies to your project
- Talk to your neighbours early, before serving Notice about your work. Keeping your Adjoining Owners (neighbours) informed
- Make sure your Notice is served properly, or else it will be invalid
- Serve Notice with plenty of time
- Don’t be tempted to start work until you have an agreement / Party Wall Award in place.
Received a Party Wall Notice? - We can help
- Most Adjoining Owners worry that their property will be damaged by the building works.
- Our role is to try and ensure that this does not happen by looking in detail at the proposals and designs and arranging proper working methods.
- Adjoining Owners are entitled to have their surveyor’s reasonable fees paid by the Building Owner.
- The fees must be both reasonable and justifiable.
Benefits of Hiring a Party Wall Surveyor
Engaging with a Party Wall Surveyor allows you to:
- Prevent delays getting agreements in place
- Receive expert advice
- Prevent legal disputes
- Record the condition of neighbours’ property prior to the works – preventing claims for damage
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Our Team
The Akt. Party Wall Surveyor Team is dedicated to providing expert guidance and professional support for all aspects of party wall matters. With extensive experience in resolving disputes, preparing party wall notices, and ensuring compliance with the Party Wall etc. Act 1996, our team delivers a seamless and efficient service tailored to your needs.
Whether you’re a property owner, developer, or adjoining neighbour, we work diligently to protect your interests and facilitate smooth project progress. Trust Akt. for reliable, impartial, and knowledgeable party wall surveying services.
