The Party Wall etc. Act 1996 exists to protect both property owners and their neighbours when building works could affect a shared wall, boundary, or adjoining structure.
But what if you’ve already given consent to your neighbour’s Party Wall Notice — and now you’re having second thoughts?
The answer: You may still be able to act, but the window is short. Here’s what you need to know.
1. Once Given, Consent Is Binding
When you provide written consent to a Party Wall Notice, it’s treated as a formal and legally binding agreement.
- No withdrawal allowed — The Act does not provide a mechanism to “undo” your consent.
- Once agreed, you cannot formally retract it — your decision is final under the law.
2. Errors in the Notice
If the notice contained minor mistakes (e.g., typos, small omissions), it remains valid once you have responded.
If there’s a serious error (such as incorrect property details or missing required information), the correct approach is to reject the notice from the start and explain the issue clearly in writing.
3. If Damage Happens During the Works
Even if you’ve consented, you still have rights if building work causes damage to your property.
- Under Section 10 of the Act, you can appoint surveyors to assess damage and agree on repairs or compensation.
- This process is designed to be impartial and legally enforceable.
4. What If the Works Have Already Started?
Once work begins, it’s much harder to intervene. You can’t stop the works via the Party Wall process, but you can:
- Appoint a surveyor to monitor the works.
- Use the Section 10 process if damage occurs.
5. What to Do If You’ve Changed Your Mind (Before Work Starts)
If the works haven’t started yet:
- Act fast — Inform the building owner of your concerns straight away.
- Appoint a surveyor — They can review the works, protect your interests, and issue a Party Wall Award where necessary.
- Get everything in writing — Keep clear records of communications and decisions.
Key Takeaways
- Once given, consent cannot be withdrawn under the Party Wall etc. Act 1996.
- If there are significant errors, reject the notice early.
- If damage occurs, use Section 10 to resolve disputes.
- Timing matters — appoint a surveyor before work starts if you have concerns.
For free technical drawing checks, no-upfront-fee notices, and specialist Party Wall advice, contact team@simplesurvey.co.uk — the UK’s most affordable and RICS-regulated Party Wall surveyors.