If you’ve recently received a Party Wall Notice from your neighbour, you may be wondering what your options are and how best to respond. The Party Wall etc. Act 1996 sets out clear procedures, and how you reply will determine what happens next.
Here’s a simple breakdown of your three main choices:
1. Consent to the Party Wall Notice
You can consent to the works proposed in the notice. This means you:
- Agree to the planned construction.
- Allow your neighbour to proceed without the need for surveyors or a formal Party Wall Award.
This is usually the quickest and simplest route, especially if the works are minor and you don’t expect any problems.
⚠️ Important to know:
- By consenting, you still retain your rights under the Act. If issues arise later, you can appoint a surveyor — but in that case, you would cover the cost of your own surveyor.
2. Dissent to the Party Wall Notice
If you have concerns, you can dissent. This triggers the formal procedures of the Act, giving you added protection through a Party Wall Award.
A Party Wall Award:
- Sets out how the works should be carried out.
- Provides a legal framework for resolving disputes and making good any damage.
If you dissent:
- You can appoint your own surveyor.
- The building owner must also appoint one.
- Both surveyors will agree the Party Wall Award. If they cannot agree, a third surveyor may be called in.
This option is often chosen when the works are more extensive (e.g. basement extensions, structural alterations) or if you want greater reassurance.
3. Do Nothing (Automatic Dissent After 14 Days)
If you do not respond within 14 days, the law treats this as dissent. The process then proceeds exactly as if you had formally dissented, and surveyors will need to be appointed.
This protects your rights but removes the opportunity to give clear input at the start.
Which Option is Best?
- Minor works with little risk? Consenting may be the simplest route.
- Significant works or concerns about impact? Dissenting ensures you have formal protection through an Award.
- Unsure? Seek professional advice before deciding.
Your decision will depend on the type of works proposed, your confidence in your neighbour’s plans, and your appetite for risk.
Conclusion
When served with a Party Wall Notice, you have three choices:
- Consent – quick and simple, but no protection.
- Dissent – triggers a Party Wall Award, offering greater safeguards.
- Do nothing – treated as dissent after 14 days, leading to the same procedures as option 2.
Whichever route you choose, it’s wise to seek advice from a party wall surveyor. They can explain the implications of each option and make sure your property and rights are fully protected.