When a Building Owner serves a Party Wall Notice, the Adjoining Owner has three basic choices within 14 days:
- Consent in writing – confirming there’s nothing “in dispute” at that point.
- Dissent and appoint an Agreed Surveyor – one impartial surveyor acts for both owners and makes an award.
- Dissent and appoint separate surveyors – each side appoints; those surveyors select a third to resolve deadlocks.
That’s straightforward. The grey area is what happens after a written consent has been given. Is that consent “set in stone”, or can the Adjoining Owner later change their mind and dissent?
Can an Adjoining Owner withdraw consent?
Short answer: often yes, but context matters.
- Consent isn’t a lifetime waiver. The Party Wall etc. Act 1996 is a dispute-resolution framework. If a difference later arises (for example, the design changes, the method statement becomes riskier, the start date drifts many months, or new information comes to light), a dispute can still be raised and the Section 10 surveyor procedure engaged.
- Timing is key. If the Adjoining Owner seeks to switch from consent to dissent before works begin, and especially where material changes have occurred (scope, sequencing, depths, temporary works), it’s usually reasonable to move into the surveyor process.
- Reliance matters. If the Building Owner has reasonably relied on the original consent (procured contractors, opened up, mobilised), they may dispute a late switch—arguing nothing material has changed. That disagreement is, itself, a dispute for surveyors to determine.
Think of consent as: “nothing in dispute as things stand now.” If circumstances change—or if the Adjoining Owner raises a legitimate concern about risk or method—a dispute can be validly triggered and surveyors can be appointed.
Common scenarios where a switch to dissent is reasonable
- Design or depth changes (e.g., deeper excavation than notified, switch to piling/underpinning, altered steel positions).
- Out-of-date notices (long delays since service—consent given months ago but the project is now materially different or restarting after a long pause).
- New technical information (ground report indicates water table issues; temporary works drawings reveal higher risk).
- Construction behaviour or site practice (comfort with consent evaporates if contractors propose methods not reflected in the notice).
In each case, the sensible route is to explain the concern, request documents (drawings, sequence, temporary works), and, if not satisfied, formally notify that a dispute exists and appoint a surveyor.
When the Building Owner may push back
The Building Owner might argue that:
- No material change has occurred; the works are exactly as notified and relied upon.
- The “switch” is tactical rather than risk-driven, intended only to delay or add cost.
- Surveyor involvement this late is unnecessary; consent should stand.
If the parties can’t agree, the Act anticipates this: surveyors decide. They’ll look at the original notice, the consent, the programme, what has changed (or not), and what’s reasonably necessary to protect both properties. If surveyors conclude a Party Wall Award is appropriate, they’ll set out the time and manner of working and any safeguards.
Practical guidance
For Adjoining Owners
- If you’re uncomfortable, don’t sit on it. Raise concerns early in writing.
- Ask for clear method details (sequence, excavation depths, temporary works).
- If risk has changed or information is insufficient, state that a dispute has arisen and appoint a surveyor.
For Building Owners
- Keep your neighbour onside with plain-English updates as design refines.
- If your design changes, re-serve or clarify where needed; don’t rely on stale consent.
- If an attempted switch to dissent feels unfair, let surveyors decide—that’s exactly what the Act provides for.
What if works have already started?
You don’t lose the protection of the Act simply because a project has begun. If a new dispute arises (e.g., a method change, adjacent excavation not previously understood), surveyors can still be appointed to put an Award in place that controls the ongoing time and manner of working. The aim is to enable the project safely, not to shut it down.
Bottom line: is consent “binding”?
Consent binds the position at the time it’s given—there’s “nothing in dispute” then. But consent does not permanently remove the right to seek surveyor control where a genuine dispute later arises. The wrinkle is commercial: if a Building Owner has reasonably relied on consent, they may contest a late switch. In that case, let the surveyors decide—that’s the lawful, fast and proportionate route.
Keep it simple and cost-controlled with Simple Survey
We’re set up to prevent neighbourly friction and keep your programme moving—clear notices, pragmatic advice, and robust, fair Awards when needed.
Transparent Simple Survey fees
- 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 and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325
(we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
Email your notice and drawings to team@simplesurvey.co.uk. We’ll give you a rapid view on whether a switch to dissent is justified, how surveyors would likely approach it, and the cleanest path to keep works safe, lawful and on-programme.