There isn’t a single “standard” response rate, because adjoining owners’ decisions vary widely depending on the works, the relationship between neighbours, and how clearly the proposals are explained. What can be said with confidence is that dissent is very common in practice, partly because the Party Wall etc. Act 1996 treats no reply as a form of dissent (often called “deemed dissent”).
A helpful way to think about it is this: an adjoining owner’s response is usually driven by risk and reassurance, not by a desire to “stop the project”.
1) What “dissent” actually means (and why it’s so common)
Under the Government’s guidance, after you serve notice your neighbour can:
- consent in writing,
- refuse consent (which triggers the dispute resolution process), or
- serve a counter notice in certain circumstances.
They have 14 days to respond. If they do not provide written consent within that period, the matter moves into the Act’s dispute-resolution process.
This is important because it means a “dissent outcome” can happen for two reasons:
- the neighbour actively dissents, or
- the neighbour simply doesn’t respond in time (which is treated as dissent).
So, even where neighbours are not hostile, a lack of response can still create a formal “dispute” under the Act.
2) The factors that most influence whether a neighbour dissents
The nature and perceived risk of the works
Neighbours are more likely to dissent where the works feel higher risk or more disruptive, such as:
- excavation near foundations,
- underpinning or basements,
- major structural alterations to a party wall,
- long programmes with significant noise/vibration.
Lower-risk, well-explained works are more likely to attract consent.
The quality and clarity of information
Vague notices tend to trigger dissent. When neighbours don’t understand:
- what is being done,
- how it will be done,
- how long it will take,
- and what protections are in place,
they often default to dissent so surveyors can formalise safeguards.
Relationship and communication
A brief, calm conversation before the notice arrives can significantly reduce anxiety. Surprises often lead to “protective” dissent.
Timing and pressure
If the notice suggests a rushed start date, neighbours may dissent simply to ensure there is time to understand the proposals properly.
Confidence in protections
Many adjoining owners dissent because they want:
- a Schedule of Condition recorded, and
- a formal framework for damage and access (usually via an Award).
This is consistent with the Act’s purpose: to enable works while protecting those affected and avoiding unnecessary disputes.
3) Consent vs dissent is not the same as “friendly vs unfriendly”
It’s worth emphasising: dissent does not necessarily mean objection. In many cases it simply means:
- “I want the protections written down,” or
- “I’m not confident assessing the risk myself.”
The Government guidance explains that where agreement cannot be reached, the next step is the appointment of surveyor(s) to produce a Party Wall Award.
4) How to reduce the likelihood of dissent (and keep things proportionate)
If you are the building owner and you want to maximise the chance of consent, the most effective steps are:
- Speak to your neighbour early so the notice is not the first they hear about the project.
- Provide clear drawings and a plain-English summary of what will happen and when.
- Offer a Schedule of Condition even if they consent (this reassurance alone can prevent a “protective dissent”).
- Provide named contact details for queries and reassure them on working hours and site conduct.
- Allow enough lead time so the process does not feel rushed (neighbours must respond within 14 days, and silence can trigger the dispute route).
5) If your neighbour dissents, what happens next?
A dissent (including a non-response) does not automatically stop your works. It means the matter moves into the surveyor procedure, where:
- one Agreed Surveyor can be appointed, or
- each owner appoints their own surveyor, who then agree an Award.
The Award sets out how the works should be carried out, and who pays what (including surveyors’ fees).
Need help improving your chances of consent?
If you want to present your notice properly, reduce the likelihood of dissent, or keep the process efficient if a dissent occurs, email mail@howorth.uk or call 07794 400 212.