Yes, an adjoining property owner can refuse to consent to a Party Wall Agreement. Understanding the reasons behind such a refusal and the legal framework is important.
An adjoining owner may object to the proposed works due to concerns about potential damage, disputes over property rights, or if the notice served does not contain the correct information.
When an adjoining owner dissents, the Party Wall Procedure outlined in the Party Wall etc. Act 1996 comes into effect. This process typically involves appointing surveyors to evaluate the situation, mediate between the parties, and work towards a solution that safeguards the interests of all involved.
Does refusal mean the work cannot proceed?
No. The Party Wall legislation does not grant adjoining owners the power to stop works from going ahead. Instead, it provides a legal process to manage and resolve disputes, including cases where consent is withheld.
In summary, even if a Party Wall Agreement is refused, all parties should understand their legal rights and responsibilities under the Act. Successful construction projects rely on clear communication, transparency, and following the proper legal steps.
If there are any uncertainties, professional guidance is available. Contact the team to receive support through the Party Wall Agreement process.