If you have received a party wall notice or are planning works and need to serve one, one of the most important parts of the process is understanding consent vs dissent under the Party Wall etc. Act 1996.
This is an area that causes a great deal of confusion. Many people assume that consent means permission has been given and dissent means the works have been refused. In reality, that is not how the Party Wall Act usually works.
In most cases, consent means the adjoining owner is content for the works to proceed without the formal surveyor procedure. Dissent does not usually stop the works. Instead, it triggers the statutory party wall surveyor process, which leads to a party wall award.
In this guide, we explain what consent and dissent mean, what happens after each response, and what both building owners and adjoining owners should know.
What Is a Party Wall Notice?
A party wall notice is the formal written notice served under the Party Wall etc. Act 1996 when certain works are proposed that may affect neighbouring property.
The notice tells the adjoining owner what works are planned and gives them the opportunity to respond.
A notice is commonly required where the proposed works involve:
- works to an existing party wall or party structure
- building a new wall at the boundary line
- excavating near a neighbouring property within the statutory distances
Once the notice has been served, the adjoining owner must decide whether to consent or dissent.
What Does Consent to a Party Wall Notice Mean?
If an adjoining owner consents to a party wall notice, they are agreeing in writing to the proposed works described in the notice.
In most cases, this means that a formal dispute does not arise under the Act, and there is usually no need to appoint surveyors solely because notice has been served.
However, consent does not mean the building owner can do whatever they like.
Even where consent has been given:
- the building owner must still avoid causing unnecessary inconvenience
- the building owner remains responsible for damage caused by the works
- the building owner must still comply with planning, building regulations and other legal requirements
- the notice period usually still has to expire unless the adjoining owner agrees in writing to an earlier start
So while consent can simplify the process, it does not remove the building owner’s responsibilities.
What Does Dissent to a Party Wall Notice Mean?
If an adjoining owner dissents to a party wall notice, this usually means that a dispute is deemed to have arisen under the Act.
This is where many owners get confused. A dissent to a party wall notice does not usually mean the adjoining owner can stop the works. Instead, it triggers the statutory dispute resolution process under section 10 of the Party Wall etc. Act 1996.
That means surveyors must be appointed and a party wall award must be agreed before the works proceed in the usual way.
Dissent can happen in two ways:
- the adjoining owner expressly says they do not consent
- the adjoining owner does not respond within the required time, which often leads to deemed dissent
Does Dissent Stop Party Wall Works?
This is one of the most searched questions on the subject.
In most cases, dissent does not stop party wall works.
Instead, dissent means the works move into the formal statutory process. Surveyors are then appointed to regulate:
- the scope of the works
- how and when they are carried out
- what protective measures are needed
- access arrangements
- how damage will be dealt with
- who pays the fees and costs
So the better way to think about dissent is not as a veto, but as a route to formal protection.
Consent vs Dissent Under the Party Wall Act
Understanding consent vs dissent under the Party Wall Act is essential because the two responses lead to very different procedures.
If the Adjoining Owner Consents
If the adjoining owner consents in writing:
- there is usually no need for a formal surveyor-led dispute process
- the building owner may proceed once the statutory notice period has expired
- the matter may be faster and cheaper overall
- the owners may deal with practical issues directly between themselves
If the Adjoining Owner Dissents
If the adjoining owner dissents, or fails to respond in time:
- a dispute is deemed to arise
- surveyors must be appointed
- a party wall award must be agreed
- the process usually becomes slower and more formal
- the building owner will usually be responsible for the reasonable surveyor fees
This is why consent and dissent have such a major effect on timescales and cost.
What Happens If There Is No Response to a Party Wall Notice?
A common mistake is to assume that no reply means agreement.
In many cases, that is not correct.
If the adjoining owner does not respond within the statutory period, the Act often treats this as deemed dissent. That means the surveyor process must begin, even though the neighbour has said nothing.
This is why both sides need to pay close attention to notice deadlines.
For the building owner, silence may still mean delay and extra cost.
For the adjoining owner, silence may mean losing the chance to make a considered decision about whether to use an agreed surveyor or appoint a surveyor of their own choosing.
What Happens After Dissent to a Party Wall Notice?
If there is a dissent to a party wall notice, the next step is the appointment of surveyors.
The parties may either:
- agree to appoint a single agreed surveyor, or
- appoint one surveyor each, who then select a third surveyor
The surveyor or surveyors then prepare a party wall award.
The award is the legal document that sets out:
- what works can take place
- how they are to be carried out
- what protections apply
- how access will be managed
- what happens if damage occurs
- who pays the fees and costs
Once the award is in place, the building owner can usually proceed in accordance with its terms.
What Is a Party Wall Award?
A party wall award is the formal legal document produced after a dispute has arisen under the Act.
It is one of the most important protections in the party wall process and often covers:
- working hours
- method of working
- scaffold arrangements
- protection of adjoining property
- access requirements
- contractor obligations
- making good damage
- payment of fees
- security for expenses where appropriate
In simple terms, the award provides the legal framework for how the works will proceed.
Is It Better to Consent or Dissent to a Party Wall Notice?
There is no single answer to whether it is better to consent or dissent to a party wall notice. The right choice depends on the nature of the works and the adjoining owner’s level of comfort.
Consent may be suitable where:
- the works are relatively minor
- the adjoining owner is comfortable with the proposals
- the relationship between neighbours is good
- the adjoining owner does not feel formal surveyor input is necessary
Dissent may be more appropriate where:
- the works are more intrusive or complex
- excavation or structural alteration is involved
- there is concern about possible damage
- the adjoining owner wants formal protections in place
- the adjoining owner wants surveyor involvement before works begin
The important point is that dissent is not simply being difficult. It is often the mechanism by which the adjoining owner secures formal statutory protection.
How Consent or Dissent Affects Cost
Another important difference in party wall notice consent vs dissent is cost.
If the Notice Is Consented To
If the adjoining owner consents, costs may be limited to:
- preparation and service of the notice
- any optional advice obtained by the parties
If the Notice Is Dissented To
If the adjoining owner dissents, costs will usually increase because:
- surveyors must be appointed
- a party wall award must be prepared
- further issues such as damage or security for expenses may arise
In most cases, the building owner will be responsible for the reasonable surveyor fees arising from the statutory process.
How Consent or Dissent Affects Timing
Timing is another major difference.
Where the adjoining owner consents, the process is often quicker because there is no need to appoint surveyors or negotiate an award.
Where the adjoining owner dissents, the programme is usually longer because:
- surveyors must be appointed
- the award must be agreed
- supporting information may need to be reviewed
- there may be discussions over protections, access or cost
This is why building owners should always start the party wall process early.
Risks of Invalid Notices and Starting Work Too Early
Whether the adjoining owner consents or dissents, the notice itself must be valid.
Problems can arise if:
- the wrong owners are served
- the notice does not describe the works properly
- the required plans or information are missing
- the notice is not served correctly
- the building owner starts work before the proper process has been followed
If that happens, the building owner may face:
- delay
- re-service of notices
- neighbour disputes
- injunction risk
- trespass or nuisance claims
- greater legal and professional costs
So before even getting to consent or dissent, the starting point must always be a valid and properly served notice.
Practical Advice for Building Owners
If you are the building owner, the best approach is to:
- identify early whether the Party Wall etc. Act 1996 applies
- serve the correct notice on the correct adjoining owners
- allow enough time for the notice period and possible award process
- not assume that silence means consent
- not start work before the statutory procedure has been properly followed
The earlier the process starts, the less likely it is to disrupt the wider project.
Practical Advice for Adjoining Owners
If you are the adjoining owner, it is important to:
- read the notice carefully
- understand the type of works proposed
- decide whether you are comfortable consenting
- seek advice if you are unsure
- respond in writing within the required period
Ignoring the notice is rarely a good idea, as this may simply lead to deemed dissent and a more rushed statutory process.
Considering Your Selection Party Wall Notice Consent vs Dissent
Understanding party wall notice consent vs dissent in England and Wales is essential for both building owners and adjoining owners.
Consent usually means the works can proceed without the formal surveyor process, subject to the statutory notice period and the building owner’s ongoing responsibilities.
Dissent does not usually stop the works. Instead, it triggers the statutory surveyor procedure and leads to a party wall award that regulates the works and protects both parties.
The key is to understand that the Party Wall etc. Act 1996 is designed to facilitate works while providing legal safeguards, not to create unnecessary conflict.
Need Advice on a Party Wall Notice?
At Simple Survey, we assist building owners, adjoining owners, architects, contractors and engineers with party wall notices, party wall awards, and practical advice on the Party Wall etc. Act 1996.
Our party wall notice fees start from £35 plus VAT, and our party wall award fees start from £300 plus VAT, offering a cost-effective service without compromising on professionalism or experience.
If you need advice on consent vs dissent to a party wall notice, email team@simplesurvey.co.uk and our team will be happy to assist.