Most party wall disputes are procedural rather than structural. Somebody started work without serving a notice, or a notice was served on the wrong person, or the work has changed since the award. The Act deals with all three, and the remedies are quicker and cheaper than the arguments people usually have instead.
A neighbour has started work with no notice
The Act's protections only exist once a notice is served, so the first step is to ask for one. Where work is already under way and damaging, the remedy is an injunction, which is a court application and is expensive. Most cases are resolved by the building owner serving a late notice and appointing surveyors.
A retrospective agreement
There is no such thing as a retrospective award for work already completed, because an award authorises works. What can be done is to record the position, deal with any damage, and put the paperwork right for the remaining work. A surveyor will say plainly which of those is still possible.
A dispute after the works are finished
Where an award exists, the surveyors retain jurisdiction over matters the award covers, including damage. Raise it with the appointed surveyor rather than with the builder, because the award is the mechanism you paid for.
Selling a house with no party wall agreement
A buyer's solicitor will ask about notifiable work and the answer becomes a warranty. Where no notice was served, the usual routes are an indemnity policy or a statutory declaration, both of which the conveyancer arranges. It is a paperwork problem at that stage rather than a structural one, and it is much cheaper to have served the notice.
Questions people ask about party wall disputes
Can my neighbour refuse a party wall agreement?
They can dissent, which does not stop the work. It moves the process to surveyors and an award. What a neighbour cannot do is veto notifiable work that the Act permits.
Who pays when there is a party wall dispute?
The award decides costs. In most cases the building owner pays the reasonable fees of both surveyors, since the works are for their benefit, though a surveyor can allocate costs differently where one side has caused unnecessary expense.
What if my neighbour removed a chimney breast without telling me?
Removing a chimney breast from a party wall is notifiable work. If it has already happened, the immediate questions are whether the remaining breast is supported and whether your side has been affected, and both are for a surveyor to inspect quickly.