Yes — in a technical/legal sense under the Party Wall etc. Act 1996, dissenting does create a “dispute.” But it’s not usually a “legal dispute” in the way most people mean (lawyers, court, shouting, etc.).
In party wall terms, “dispute” is a trigger word that simply moves the process into the surveyor stage.
What “dispute” means under the Act
A dispute is deemed to arise when:
- you dissent to a valid Party Wall Notice within 14 days, or
- you don’t respond within 14 days (silence is treated as dissent)
Once that happens, the Act requires the next step: appointment of surveyor(s) so the matter can be resolved formally.
What happens after dissenting
Dissenting doesn’t stop the works automatically. It usually means:
- Either one Agreed Surveyor is appointed (one impartial surveyor for both owners), or each party appoints their own surveyor (two-surveyor route).
- The surveyor(s) review the proposals, inspect as needed, and typically prepare:
- a Schedule of Condition (recording the neighbour’s property condition before work), and
- a Party Wall Award (the legally binding document setting out how the works must be carried out, safeguards, access, and how damage will be handled).
This is the Act’s built-in dispute resolution mechanism.
Does dissenting mean you’re going to court?
Usually, no.
Most “disputes” under the Act are resolved entirely by surveyors via an Award. Court tends to come in only if:
- someone starts notifiable works without following the Act and the neighbour seeks an injunction, or
- someone appeals a Party Wall Award (there are strict time limits), or
- the situation goes beyond party wall matters into broader legal claims.
So dissenting is often best understood as: “I want the surveyor framework and an Award in place before work starts.”
Why people dissent even when they’re not “objecting”
Lots of neighbours dissent simply to ensure:
- the scope is clearly defined,
- protections are written down,
- condition is recorded,
- and there’s a fair process if damage occurs.
It’s commonly a precaution, not hostility.
Need help responding to a notice or explaining what dissent means?
Email mail@howorth.uk or call 07794 400 212 with a photo/scan of the notice and a brief description of the proposed works. We’ll explain what dissent would trigger in your case and the most sensible next step.