How to choose the right response—and protect your property and programme
When a Party Wall Notice arrives, you have two clear options: consent or dissent. Neither option stops lawful works; they simply set the level of safeguard and oversight as the project moves forward under the Party Wall etc. Act 1996. This guide explains what each choice really means in practice, when to use which, and how to avoid the common pitfalls that cause delay, cost, and neighbour friction.
First principles: what the Notice is asking you to do
A Party Wall Notice is a formal heads‑up that the Building Owner plans works falling under the Act—typically cutting into or altering a party wall/structure (s.2), building on or astride a boundary (s.1), or excavating within 3–6 metres and deeper than your foundations (s.6).
You, as the Adjoining Owner, have 14 days to reply:
- Consent → works may proceed without a formal Party Wall Award.
- Dissent → surveyor(s) are appointed and a Party Wall Award is produced setting out how the works must be carried out and how any damage will be handled.
If you do not reply within 14 days, the law treats that as a dissent so the process can continue with protections in place.
What “Consent” actually means (and how to do it safely)
Consenting signals that you’re happy for the works to go ahead without the statutory dispute‑resolution stage. Many neighbours choose this for low‑risk projects where the design is clear and the relationship is good.
You can also raise practical points alongside consent (site contact, hours, temporary protection). If you want binding conditions, you’ll need an Award—which means dissenting.
Good to know: Even after consenting, if a genuine dispute later arises (for example, alleged damage attributable to the notifiable works), the Act’s dispute‑resolution machinery can still be engaged.
What “Dissent” really does (and why it isn’t negative)
Dissenting doesn’t block your neighbour’s project; it simply triggers the Act’s safeguards. You either:
- Agree one impartial surveyor to act for both owners (Agreed Surveyor), or
- Each appoint your own surveyor (with a Third Surveyor “on reserve” if needed).
The surveyor(s) then produce a Party Wall Award—a legally binding document that:
- Specifies methods, access, temporary protection, working hours, and insurances.
- Sets a clear, fast route to making good or compensation if damage occurs.
- May require security for expenses on higher‑risk works (e.g., deep digging, underpinning).
In most typical cases, the Building Owner pays the reasonable fees of the surveyor(s).
Timelines and impact on the programme
- Notices must be served 1–2 months ahead of works (depending on the Act section).
- You have 14 days to respond; silence = dissent.
- On dissent, surveyor appointments follow, the Award is made and served.
- Either owner has 14 days to appeal an Award (points of law/jurisdiction). There is no automatic stay; if works must pause, a stay should be sought.
A proactive, proportionate Award keeps legitimate projects moving while reducing risk on both sides.
Costs—who pays what?
As a rule, the Building Owner pays the reasonable costs of the Party Wall process (their own surveyor, your surveyor if you appoint one, and award service). Exceptions exist—particularly for unreasonable conduct or where you request additional works that benefit you—but they’re not the norm.
Need help choosing the safest, most efficient route?
Email team@simplesurvey.co.uk — England & Wales’ most cost‑effective Party Wall Surveying team with Party Wall Notice fees from £25.00 and Party Wall Award fees capped at £325.00. We will not be beaten on price!