The word dispute does a lot of work in this Act and it does not mean what it means in ordinary speech. A dispute arises when an adjoining owner objects, and it is also deemed to arise when they simply fail to reply within a fortnight. Both routes lead to the same machinery: surveyors are appointed, they publish an award, and the award binds both owners. Court is the exception rather than the route, and it is available only briefly and on limited grounds.
How a dispute is deemed rather than declared
Serve a party structure notice and the adjoining owner has a fortnight to serve a notice consenting to it. If they do not, the Act deems them to have dissented and deems a dispute to have arisen between the parties. Nobody has to be angry and nobody has to write anything. In practice this is how most party wall disputes begin: a neighbour who was going to reply, and then went on holiday. It is worth telling the neighbour this before the fortnight runs, because most of them do not know it.
The surveyors, and party wall disputes who pays
The owners either concur in appointing one agreed surveyor, or each appoints their own and the two select a third. Appointments are in writing and cannot be rescinded. The building owner normally pays the reasonable costs of making and obtaining the award, including the adjoining owner's surveyor, because the work is for the building owner's benefit. Where the adjoining owner has asked for extra work for their own benefit, the expenses provisions can shift some of that back to them.
What happens if a surveyor will not act
The Act anticipates it. If a party refuses or neglects to appoint a surveyor for ten days after being asked, the other party may appoint one on their behalf. If an appointed surveyor refuses to act effectively, the other surveyor may proceed alone, and what they do has the same effect as an agreed surveyor's act. If an agreed surveyor dies or becomes incapable, the process begins again. None of these routes needs a court.
Questions people ask about party wall disputes
Can I take my neighbour to court over this?
Either party may appeal an award to the county court within a short window after it is served, and outside that the award is conclusive. Boundary, nuisance and access disputes are separate matters for a solicitor and are not what this Act settles.
What if I disagree with my own surveyor?
An appointed surveyor acts under the Act, not for the person who appointed them, and the appointment cannot be rescinded. If the two surveyors disagree, the third surveyor decides.
Does a dispute stop the work?
It stops the work being lawful under the Act until the award is published. Starting anyway removes your protection and hands the neighbour a much stronger position.