The short answer
If the adjoining owner does not consent in writing within fourteen days of a valid notice, a dispute is generally deemed to have arisen under the Act, even where the neighbour has simply not replied. That does not stall the works indefinitely. The building owner can write asking the adjoining owner to appoint a surveyor, and if they still do not do so within the period the Act allows, a surveyor can usually be appointed on their behalf so the award process can proceed. We handle this correspondence carefully so the appointment remains valid.
Treat silence through the Act's appointment procedure rather than as consent or permission to bypass the process.
Where further evidence may be needed
What is a schedule of condition?
A schedule of condition is a written and photographic record of the adjoining property's condition before the notifiable works begin. It is one of the most valuable parts of the process: if damage is later alleged, the schedule provides the agreed baseline against which any change can be assessed, which protects both the building owner and the adjoining owner and helps resolve disputes quickly and fairly.
Turning the answer into a next step
Does the party wall process replace planning permission and building regulations?
No. The Party Wall etc. Act 1996 runs alongside the planning and building control systems rather than replacing them, and each is dealt with separately. A party wall award governs how notifiable works affect the adjoining property; it does not grant planning permission, and it does not deal with building regulations, which are handled through building control. Depending on the works you may need all three, and they can proceed in parallel. We can explain how the party wall process fits with the other consents your project requires.
What to do next
Retain the valid notice and correspondence record.
Allow the statutory response period to expire.
Follow the appointment procedure if no surveyor is appointed.
Keep planning and building-control requirements separate.
London area guides
Sources and standards
Related questions
What happens if my neighbour dissents?
If the adjoining owner does not consent within the statutory period, a dispute is deemed to have arisen under the Act. That is normal and not hostile: it simply means surveyors are appointed to administer the process. Either a single agreed surveyor acts for both owners, or each owner appoints a surveyor and the two select a third surveyor. The appointed surveyor(s) then produce a party wall award setting out how the works proceed and how the adjoining property is protected.
Can one surveyor act for both owners?
Yes. Where both owners agree, a single "agreed surveyor" can act impartially for both, which is usually faster and more cost-effective. Alternatively each owner appoints their own surveyor, with a third surveyor selected to resolve any matters the two cannot agree. In every case the appointed surveyor's statutory duty is to administer the Act fairly, not to act as the appointing owner's advocate.
What is a party wall award?
A party wall award is the binding document, prepared by the appointed surveyor(s), that sets out how the notifiable works may proceed: the works covered, working hours, access, safeguards, the schedule of condition, and how making good or compensation is dealt with if damage occurs. It regulates the works between the parties and, once served, is binding unless appealed to the county court within the statutory period.
Related guidance
Local Level 3 building survey guides
- Rebuild Cost Assessments in Forest Hill for Insurance
- Party Wall Surveyor in Fulham: Agreements, Notices and Awards
- Level 2 Homebuyers Survey in Fulham
- Building surveys in Fulham: choose the right report
- Damp, Crack & Building Defect Surveys in Fulham
- Dilapidations Surveyors in Greenwich: Schedules, Claims & Lease-End Advice
Savas Bulduk
BSc (Hons) MRICS, Director & Chartered Building Surveyor.
Writes on Building surveying, Fire safety and facade, External wall systems, Technical due diligence, Contract administration. See the full team profile.
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