Short answer: yes, in many cases you can—but you don’t “undo” the old consent; you trigger a dispute on a specific matter connected with the notified works so the Party Wall etc. Act 1996 process can step in.
This guide explains when switching from a straightforward consent to a dissent is sensible, how to do it cleanly, and what it means for timescales, fees, and neighbour relations.
Consent isn’t a lifetime contract
When you sign to consent to a Party Wall Notice, you’re saying: “I’m content for these specific works, on these drawings, to proceed without an award right now.”
That doesn’t mean you’ve waived all protections forever. The Act still:
- Requires compensation for loss or damage arising from notifiable works (s.7(2)).
- Allows surveyors to determine any dispute connected with the works by award (s.10(10)).
So if a real dispute later arises—for example over working methods, access arrangements, altered scope, timing, or damage—either owner can refer that live issue into the Section 10 dispute-resolution procedure. In practice, this is how you move from a simple consent to a dissent on a defined point.
When changing stance makes sense
Consider changing to a dissent (i.e., invoking the dispute mechanism) if any of the following happens:
- Material design change
The proposal no longer matches what you consented to. Significant changes may even require fresh notices. - Methods/sequence change the risk profile
E.g., moving from shallow trench fill to mini-piles near your structure. - Unreasonable timing or manner of execution
The Act permits surveyors to determine “the time and manner” of executing works. If courtesy isn’t working, escalate formally. - Damage or credible risk of damage
Compensation is due for loss or damage arising from works in pursuance of the Act; a dispute can be raised to settle responsibility and remedy. - Access issues
Access under s.8 must be reasonable and properly notified. If it isn’t, make it a formal matter. - Notice validity issues
If works begin over 12 months after service, a party structure notice has ceased to have effect; new notices are needed. Likewise, big departures from the consented drawings usually require re-notification.
What changes once you dissent?
- Surveyors take over that dispute.
Either you both appoint one Agreed Surveyor, or you each appoint a surveyor who then select a third. They’ll determine the matter by award. - Works may pause on the disputed element.
The rest can sometimes continue if unrelated. Surveyors can structure this pragmatically. - Costs typically fall to the building owner.
The Act places reasonable costs of administering the process on the party benefiting from the works, unless surveyors decide otherwise (e.g., if your position was unreasonable).
FAQs
Can I simply withdraw my consent before works start?
You can write to say you no longer consent and require an award before commencement. If the start is imminent, make that explicit and raise a Section 10 dispute to avoid ambiguity.
Do I have to prove damage to dissent?
No. A dispute can be about time/manner, access, scope, or method—not just damage.
Will dissent automatically delay the project?
Not always. Many disputes are resolved quickly by setting reasonable conditions in an award. Speed is helped by clear, focused submissions.
What if the design changed materially—do they need new notices?
Often yes. If what’s proposed is not the same as what you consented to, insist on fresh notices (with the correct statutory lead-in) or an award that clearly governs the altered scheme.
Who pays the surveyors?
Usually the building owner, as the party benefitting from the works, pays reasonable costs for administering the process—unless surveyors decide otherwise.
Can I insist on using a specific surveyor?
You can appoint whoever you like (not yourself). The other owner can do the same, or you can both agree on a single Agreed Surveyor.
What if they ignore me and carry on?
Flag the breach in writing and refer the issue to surveyors. In urgent scenarios involving real risk, you may need legal advice on interim remedies—but most issues are resolved quickly under the Act.
Transparent, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the building owner): fixed-fee proposals from £325 for our side. (The other surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing above.
- No surprises, no creeping extras. You’ll know the number before we start.
Bottom line
You can move from consent to dissent—by crystallising a specific dispute connected with the works and having surveyors determine it by award. Done early, clearly, and proportionately, it protects your position without derailing a sensible build.
Need to switch from consent to dissent—fast and clean?
We’ll draft the right letter, set out a focused basis for dispute, and get an award agreed quickly and proportionately.
Email: team@simplesurvey.co.uk
Simple Survey — calm heads, clear paperwork, quick resolutions.