The short answer
No — your neighbour cannot veto lawful, notifiable work. When you serve a valid party wall notice, the adjoining owner can consent, dissent, or do nothing. Dissenting is not a refusal of the work; it simply means surveyors are appointed to agree a party wall award. Even silence does not stop you: after 14 days it is treated as a dispute, and there is a route to keep things moving. What they cannot do is block work that complies with the Act.
Why it matters
It helps to understand the three responses:
- Consent — the neighbour agrees and no award is needed (though a schedule of condition is still wise).
- Dissent — a dispute is deemed to exist and surveyors are appointed to make an award. The work still goes ahead, under agreed conditions.
- No response — if the neighbour does not reply within 14 days, a dispute is deemed to have arisen.
If your neighbour refuses to appoint a surveyor, you can write requiring them to do so; if they still do nothing within 10 days, you may appoint a surveyor on their behalf and proceed. In some cases an award can even be made without the adjoining owner’s participation. The Act is deliberately designed so that a difficult or silent neighbour cannot hold a lawful project hostage — but you must follow the steps correctly to keep that protection.
What to do now
- Narrow the points in dispute. The more the owners can agree between themselves, the less the surveyors have to resolve — which keeps fees proportionate.
- Where a surveyor is needed, a single agreed surveyor acting for both owners is usually quicker and cheaper than two — the route Coburns recommends.
- Serve a valid notice and keep proof of service.
- If the neighbour dissents, appoint surveyors and progress to an award.
- If there is no reply within 14 days, send a written request to appoint a surveyor.
- If they still do not appoint within 10 days, appoint a surveyor on their behalf and continue.
- Do not start notifiable work until the award is in place.
Common mistakes
- Believing that a dissent or refusal means you cannot build.
- Starting work before the dispute is resolved by an award.
- Failing to follow up when a neighbour simply ignores the notice.
- Giving up on a project because a neighbour is being difficult.
When to call Coburns
A dissenting or silent neighbour is routine for us. Send us your notice and the situation, and we will take the correct steps to reach an award and keep your project moving — lawfully and without unnecessary cost.