When a Building Owner serves a Party Wall Notice, the Adjoining Owner has 14 days to respond. If the response is consent, the Party Wall etc. Act 1996 still applies—but in a lighter-touch way.
This guide explains what consent really means, how and when an Adjoining Owner can later change course to a dissent on a genuine dispute, and why consent typically comes with fewer formal protections than a full Party Wall Award.
What does “consent” actually do?
By consenting in writing, the Adjoining Owner confirms that—as things stand—there is nothing in dispute under the Act. Practically, that means:
- The Building Owner may proceed with the notifiable works described in the notice (subject to any other consents such as planning and building control, and after the statutory notice period has elapsed).
- The parties do not appoint surveyors, and no Party Wall Award is produced.
- The Act’s baseline duties still bind the Building Owner: carry out works properly, avoid unnecessary inconvenience, protect the neighbour’s property where reasonably necessary, and make good any loss or damage caused by notifiable works (or pay compensation).
Think of consent as a green light with conditions implied by law rather than spelled out in a bespoke Award.
Can a consenting neighbour change to dissent later?
Yes—if a genuine dispute arises under the Act. Consent is not a lifetime waiver of rights; it simply means there was nothing in dispute at the time of the response. If the Building Owner later proposes material changes to the notifiable works, deviates from what was notified, or issues arise that require regulation (e.g., access complications, method concerns, damage liability disputes), the Adjoining Owner can dissent at that stage and trigger the surveyor procedure.
Two key points:
- There must be something real to dispute. A change of heart alone isn’t enough; the dispute needs to relate to matters the Act regulates (e.g., scope, time and manner of execution, safeguards, damage responsibility).
- Timing matters. If the Building Owner stays within the works described in the original notice and executes them properly, it’s harder to justify a late dissent. If the scheme evolves, a fresh notice may be required anyway—re-opening formal rights.
When dissent is validly triggered, the owners either appoint one Agreed Surveyor or two surveyors (who select a Third Surveyor in reserve), and an Award is made to settle the dispute and govern how the works proceed.
Why consent usually means fewer formal protections
Because no Award is produced when you consent, you typically won’t have:
- Tailored conditions on time and manner of execution (e.g., hand tools for wall cuts, phased excavation, specific sequencing).
- Custom access protocols or on-site safeguards written into a binding document.
- Clearly allocated responsibility for future variations or dispute-handling steps under an Award.
The Act’s default protections still apply (and are enforceable), but they’re principle-based rather than project-specific. For many straightforward schemes—say, a conventional loft conversion or simple rear extension—consenting can be a sensible, neighbourly way to keep things quick and cost-effective. For higher-risk work (deep excavations, unusual structures, tight sites), many neighbours prefer the certainty of an Award.
When is consent sensible—and when is it risky?
Consent can work well when:
- The design is standard and methods are tried-and-tested.
- Drawings are clear, and the Building Owner is communicative and reputable.
- The parties have good relations and can solve small issues informally.
Consider dissent (and an Award) when:
- There’s adjacent excavation near shallow foundations or complex ground.
- There are method/safety concerns or tight tolerances next to older fabric.
- There’s a need to regulate access, sequencing, or noise windows.
- The scheme is evolving and likely to change as work progresses.
Practical tips for Building Owners seeking consent
- Serve accurate notices with clear descriptions and (for Section 6) proper excavation drawings.
- Share enough information early—clarity builds trust.
- Keep the scheme consistent with what you notified. If you change it, get advice—new notices may be required.
Practical tips for Adjoining Owners considering consent
- Read the notice carefully. If anything is unclear, ask questions before you reply.
- If you do consent, keep records of communications and progress, and raise concerns promptly if something material changes.
- If a genuine Act-type issue arises, you can still dissent later and move to the surveyor process.
Simple Survey: cost-controlled, compliant, and fast
Whether you’re leaning toward consent or think an Award is wiser, we’ll help you choose the right route for the risk—and keep costs proportionate.
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity/number of owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side (we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
Email your drawings (drafts are fine) and site address to team@simplesurvey.co.uk. We’ll confirm what’s notifiable, advise whether consent is sensible or an Award is safer, and issue compliant notices quickly so your programme stays on track.
Simple Survey — Notices done right. Awards agreed fast. Peace of mind built in.