Can I refuse a party wall agreement?
Last updated: 19 July 2026
You can refuse to consent — that's completely within your rights. What you can't do is veto lawful work. Here's what "refusing" actually triggers, and why it's designed to protect you.
Your three options, honestly compared
1. Consent in writing. Most neighbours do. Consenting doesn't waive a single right under the Act — if the work damages your property, the building owner is still responsible for making it good. It simply means no surveyors are needed.
2. Dissent and appoint your own surveyor. A dispute formally exists (that's a legal state, not an argument), and a surveyor acts to protect your property's interests. The building owner normally pays your surveyor's reasonable fees — refusing costs you nothing in the standard case.
3. Dissent and share one "agreed surveyor". One impartial surveyor acts for both sides. Usually faster and cheaper for everyone — and remember, it's generally not your bill.
What happens after you dissent
The surveyor (or pair of surveyors) produces a party wall award: a binding document setting out how and when the work happens, a record of your property's condition beforehand, and who pays for what. The award is final unless appealed to the county court within 14 days (section 10(17)).
Two clocks to know: if you simply don't respond to the notice, after 14 days silence counts as dissent anyway (section 5) — so doing nothing chooses option 2's path without the choosing. And if either side refuses to appoint a surveyor, after a written request and 10 days the other side can appoint one on their behalf (section 10(4)). Stalling doesn't stop the process.
Can I ask for changes instead?
For a party structure notice, yes: within one month you can serve a counter-notice (section 4) asking for particular works to be done for your benefit — say, chimney flues carried up when the wall is raised. The building owner has 14 days to respond, or that too becomes part of the dispute.
When refusing is the right call
Dissent when you genuinely want protection: excavation near your foundations, a basement next door, an old or fragile shared wall, or a notice that looks defective (not all owners named, no drawings with an excavation notice, a start date inside the notice period). A surveyor's schedule of condition is your insurance policy, at the building owner's expense.
Where to start
If a notice has landed on your mat, our free explainer walks through your exact notice and options in about 90 seconds — and shows what each option means for the costs.