The three response options
Within fourteen days of receiving your notice the adjoining owner can: consent in writing; dissent and propose an agreed surveyor jointly with you; or dissent and appoint their own surveyor. If they do nothing, Section 5 of the Act treats them as having dissented from day fifteen.
Appointment of surveyors
On dissent the matter is in the hands of surveyors. There are two routes. The agreed-surveyor route uses one surveyor jointly appointed by both owners — quickest and cheapest, typically £600–£900 plus VAT for the Award. The two-surveyor route appoints one for each owner, plus a third surveyor selected to resolve any disagreement — typically £1,200–£1,500 per Award.
The Schedule of Condition
Before works commence the appointed surveyor(s) inspect the AO's property and prepare a Schedule of Condition — a written and photographic record of its current state. This is the document referred to if any damage is alleged later.
The Party Wall Award
The Award is a legally binding document setting out the scope of works, working hours, access arrangements, methods, indemnities, and the responsibility for fees. Once served, it cannot be unilaterally changed. Either owner can appeal to the County Court within fourteen days.
Who pays?
The building owner ordinarily pays the AO's surveyor's reasonable fees, as well as their own. The Award itself sets out the apportionment.
Typical timescales
- Day 0 — notice served.
- Day 14 — dissent received (or deemed).
- Day 28 — surveyors confirm appointment, Schedule of Condition booked.
- Day 42–56 — Schedule of Condition completed; Award drafted.
- Day 56–70 — Award served; appeal window of 14 days.
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