The questions everyone asks
The awkward questions, answered honestly.
The four scenarios homeowners lose sleep over, and what the Party Wall Act actually does about each one.
The one everyone gets wrong
Can my neighbour stop me building?
No. A neighbour who does not consent is not refusing you permission, because it was never theirs to give. Not consenting simply means they have the right to have a surveyor appointed to look after their interests. A Party Wall Award is then drawn up setting out how the works proceed, and the works go ahead. Your neighbour cannot veto your project under the Party Wall etc. Act 1996, and the process exists to get you building, not to stop you.
What if my neighbour ignores the notice?
After 14 days of silence, the Act treats them as having dissented. A dispute is deemed to have arisen and surveyors must be appointed. We escalate straight to the Award route and appoint on their behalf if they still do not engage. A neighbour who never replies adds about a fortnight, and that is all. They cannot stall you indefinitely.
What if they hire their own aggressive surveyor?
Every party wall surveyor is bound by the same duty of impartiality under s.10 of the Act, regardless of who appointed them. If your neighbour's surveyor is unreasonable, the two surveyors resolve it. If they can't, a Third Surveyor decides. That's rare, and the Third Surveyor's cost is factored into your quote's escalation clause upfront.
What if their surveyor demands a huge fee?
The adjoining owner's surveyor's fee has to be reasonable to be recoverable. If a neighbour's surveyor comes in with an inflated quote, we challenge it. If it can't be agreed, the Third Surveyor determines what's reasonable, and the excess isn't payable. You have the right to challenge any fee you consider unreasonable, and we do that on your behalf before anything is agreed.
What if they claim damage after the works are done?
This is exactly what the Schedule of Condition prevents. Before works start, we photograph the neighbour's property in detail. If a damage claim comes in later, it's checked against that record. Real damage is fixed under the Award's compensation clause. Bogus claims (the ones every homeowner worries about) don't survive first contact with a photographic record from the day before works began.