Determining if a Party Wall Notice Consent is right for you


You’ve opened the post and found a Party Wall Notice. Now what—consent or dissent? There isn’t a one-size-fits-all answer. The right choice depends on the scope of works, how clearly they’re defined, and how confident you feel about risk, timing, and neighbour relations. Below we set out a clear, practical way to decide—without jargon or drama.

What “consent” actually means

When you consent in writing, you’re saying you’re comfortable for the work to proceed under the Party Wall etc. Act 1996 without triggering the Act’s dispute-resolution procedure. You’re not waiving the Act entirely—the Act still applies to rights like access and compensation. You are simply choosing not to appoint surveyors at this stage.

Good to know: If a specific dispute later arises (for example over method, timing, access, or damage), you can still invoke the Act at that point and surveyors can be appointed to resolve that defined issue.


When consent is usually sensible

Consider consenting when most of the following are true:

  • The works are modest and low-risk.
    Typical examples: inserting a small flashing, minor repairs to a party structure, shallow patio works well away from your foundations, or straightforward works clearly within one section of the Act.
  • You’ve seen clear information.
    The notice describes the works plainly, drawings are consistent with what’s described, and you understand where/when they’ll happen.
  • You trust the team and timeline.
    The neighbour is communicative; the builder is reputable; start dates and working hours are realistic.
  • You want to keep momentum and cost down.
    Consenting avoids the formal dispute route and the typical extra time/cost that comes with it.

When dissent is the safer call

Choose to dissent (and appoint surveyor(s)) when any of these apply:

  • The scheme is complex or invasive.
    Examples: removing significant projections, raising or rebuilding shared walls, deep or close excavation, underpinning, piled foundations, multi-unit freehold/leasehold scenarios.
  • Information is thin, vague, inconsistent, or late.
    If the notice doesn’t match drawings, timings are unrealistic, or key details are missing, formal oversight reduces friction later.
  • You’re uncomfortable with method or oversight.
    If you want the work governed by a formal award that sets out how, when, and on what terms works proceed, dissenting ensures that document is produced.
  • There are unresolved access issues.
    If access is essential but sensitive (gardens, side passages, roofs), a formal award can set clear terms and minimise future arguments.

Remember: Dissent isn’t anti-neighbour; it’s pro-clarity. Surveyors act impartially under the Act to make reasoned decisions either way.


Consent vs dissent: a quick side-by-side

ConsiderationConsentDissent
SpeedFastest route if works are straightforwardSlower—surveyors must agree an award before works start
CostTypically minimalThe building owner usually pays reasonable surveyor costs
Control & clarityRelies on goodwill and clear documentsFormal award sets enforceable terms and reduces ambiguity
Flexibility laterYou can still raise a specific dispute if one arisesDisputes are channelled through the surveyors from the start

How to respond well (whichever route you choose)

  1. Respond within 14 days.
    Silence triggers a deemed dispute and the formal process anyway.
  2. Be clear and polite.
    If consenting, state any reasonable conditions in writing. If dissenting, confirm your chosen surveyor (or willingness to agree one).
  3. Ask questions early.
    If something doesn’t add up—timings, drawings, proximity—seek clarification before you reply.
  4. Keep everything in writing.
    It avoids crossed wires later.

FAQs

If I consent, can I change my mind?
Yes—if a specific dispute later arises connected to the works. You can then require surveyors to determine that dispute under the Act.

Does consenting affect my right to compensation for loss or damage caused by the works?
No. The Act provides for compensation regardless of whether you consented or dissented.

Is an Agreed Surveyor cheaper and faster?
Often, yes—one impartial surveyor for both owners can be efficient. But it’s voluntary: only proceed if both sides are comfortable.

My neighbour wants me to use their surveyor. Do I have to?
No. You can appoint your own, or agree a single surveyor by mutual consent.

What happens if I ignore the notice?
After the additional statutory request period, a surveyor can be appointed on your behalf so the process can continue. Better to respond and retain control.


Transparent, fixed pricing (so you can budget calmly)

  • 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 adjoining owner’s 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

  • Consent if the works are simple, clearly documented, and you’re comfortable with the team and timing.
  • Dissent if the works are complex, information is unclear, or you want a formal award to govern how and when things happen.
    Either way, the Act protects your core rights—choose the route that best balances clarity, cost, and confidence.

Need an impartial read on your notice—today?
Simple Survey will review what you’ve received, outline your options in plain English, and (if needed) take care of the paperwork on a low, fixed-fee basis.
Email team@simplesurvey.co.uk and we’ll help you make the right call quickly.