The short answer
Not under the Party Wall etc. Act 1996, with one exception. The Act gives a building owner the right to carry out certain work to a shared wall and to dig near a neighbour’s foundations. A neighbour cannot take that right away by saying no. What they can do is dissent. That starts the Act’s dispute process, surveyors make an award, and the award sets out how and when the work is done.
The exception is a new wall built across the boundary, which Section 1 covers. That needs your neighbour’s written consent. If they refuse, you can still build a wall of the same kind wholly on your own land, at your own cost.
What your neighbour can do
| Your neighbour can | What it means for you |
|---|---|
| Consent in writing | The work can go ahead once the notice period has run. No award is needed. |
| Dissent, or say nothing | On a Section 3 or Section 6 notice, 14 days of silence counts as dissent. A dispute then exists, and surveyors make an award before the work covered by the notice starts. |
| Appoint their own surveyor | Or share one agreed surveyor with you. The building owner normally pays the reasonable fees of both. |
| Ask for conditions | Through their surveyor: working hours, protection for their property, monitoring, a schedule of condition and who makes good any damage. |
| Challenge a notice that is not valid | A notice that is late, served on the wrong owner or missing what the Act requires may have no effect. You would have to serve it again, and the clock restarts. |
| Appeal the award | To the county court, within 14 days of being served with it. |
| Go to court | For an injunction if work to the party wall starts without a valid notice or an award, or for damages if the work harms their property. |
What your neighbour cannot do
- Veto work the Act allows. Refusing to consent does not stop you. It changes the route from consent to an award.
- Hold the project up for ever. If a neighbour will not appoint a surveyor, you can ask them in writing to. If they have not done so within ten days, you can appoint one on their behalf. The process carries on without them.
- Make you pay for their consent. As building owner you normally pay the reasonable fees of their surveyor, and you must compensate them for loss or damage the work causes. Nothing in the Act entitles a neighbour to a payment for agreeing.
- Approve or reject your design. That is for the planning authority. The award deals with how the work to the shared wall, or the digging near their foundations, is done.
- Use the Act for rights of light or loss of a view. Those are separate legal matters.
What else can stop or delay a project
The Party Wall etc. Act is only one of the rules a building project meets. These are the others, and whether a neighbour can use them.
| Rule | Who decides | Can a neighbour stop you with it? |
|---|---|---|
| Planning permission | Your local planning authority | They can object, but the council decides. |
| Building regulations | Building control | They have no formal say. |
| Restrictive covenants and rights of light | The courts, between private parties | Possibly, by seeking an injunction. These sit outside the Act, so take legal advice. |
| The boundary | Your deeds and, if it comes to it, the courts | Possibly, if you would be building on land that is not yours. |
| Access to their land | Their consent, the Act’s right of entry or a court order | Yes, unless the Act or a court gives you the right. See can a neighbour refuse access for building work? |
| Your lease | Your landlord or freeholder | Not your neighbour, but a lease often requires the freeholder’s consent for structural work. |
If your neighbour refuses or ignores your notice
- Check that your notice is valid. Everything else depends on it. If you are not sure, we can check it for you.
- Let the 14 days run. Silence counts as dissent on Section 3 and Section 6 notices, so you do not need an answer to move on. See what to do if a neighbour has not replied.
- Get surveyors appointed. Suggest one agreed surveyor for both owners, which is usually quicker and cheaper. If your neighbour will not agree to that, each owner appoints their own. If they will not appoint one, ask in writing, and after ten days you can appoint one for them.
- Wait for the award. The surveyor or surveyors inspect, record the neighbouring property in a schedule of condition and make the award. Work covered by the notice should not start until the notice period has run and the award has been served.
- Work to the award. It is binding unless it is appealed to the county court within 14 days of service. If two surveyors cannot agree a point, a third surveyor settles it.
Do not start early to save time. An injunction can stop a crew in the middle of a project, and it costs far more than the weeks you saved.
How to keep a neighbour on side
Most refusals come from worry about damage, noise or disruption, and many can be settled with a conversation before the notice arrives.
- Talk first. Show them your drawings, and say when the work is likely to start and how long it will take.
- Explain what dissent means. It is the normal way to get a surveyor to protect their home, and you pay for it. Our page for neighbours, what to do if you receive a notice, says so plainly, so you can point them to it.
- Offer a record of their property. A schedule of condition photographed before the work shows what was there. It protects them, and it protects you.
- Agree the practical points. Working hours, access, where skips and scaffolding will go, and a phone number they can call.
- Put it in writing. Anything that matters belongs in an email or a letter, not just a chat over the fence.
A neighbour who feels listened to is much more likely to consent.
Our fixed fees
We prepare and serve party wall notices for £70, with no VAT. If your neighbour dissents, we can act as the agreed surveyor for both owners, or for you alone, and our other fees are on the fees page. Call us on 0800 999 1947 for a free first conversation about your project and your neighbour.
Questions about neighbours and building work
Can my neighbour stop my loft conversion or extension?
Not through the Party Wall etc. Act. If your loft conversion or extension touches the shared wall or digs near their foundations, a neighbour can dissent but cannot veto the work. They can object to planning permission, and then the council decides. See loft conversions and rear and side extensions.
My neighbour will not sign anything. Can I still go ahead?
You do not need their signature to proceed under the Act. If they do not consent, the dispute process runs and an award is made. You start once the notice period has run and the award has been served. Do not start before then.
Can my neighbour demand money before they agree?
Not under the Act. As building owner you normally pay the reasonable fees of their surveyor, and you must compensate them for loss or damage the work causes. Nothing in the Act entitles a neighbour to a payment for giving their consent.
Can my neighbour get an injunction against me?
Yes, if work to the party wall starts without a valid notice or an award, or if the work goes beyond what the award allows. It is a civil remedy, and it can stop a crew in the middle of a project. Following the process is what prevents it.
Does my neighbour’s objection to planning permission affect the party wall process?
No. They are separate. A planning objection is decided by the council. A notice and an award deal with work to the shared wall and digging near their foundations. One project can need both.