It happens more often than you’d think: a building owner serves valid Party Wall notices to keep a project moving, then plans change—budget shifts, planning feedback, design rethink, or life getting in the way. If you’ve decided not to proceed with notifiable works, you should formally rescind your Party Wall notice(s). Doing this promptly protects neighbour relations, limits your exposure to avoidable fees, and closes the statutory process cleanly.
Do I have to rescind a notice?
Strictly speaking, a served notice doesn’t “force” you to build. But until you tell the Adjoining Owner you’re not going ahead, the Act’s procedures can keep rolling: surveyor appointments, correspondence, and (potentially) an award in preparation. Formally withdrawing the notice switches off those obligations and stops further cost build-up.
How to rescind correctly
Write to each Adjoining Owner you notified (and to any surveyors already appointed) confirming that you withdraw the notice and will not be carrying out the notifiable works at this time. Keep it simple, unequivocal, and dated. Email is fine if the parties agreed to electronic service; otherwise send a posted letter as well. If multiple notices were served (for different sections of the Act or different neighbours), withdraw each one explicitly.
A clear wording you can use
“Further to my Party Wall Notice(s) dated [date] relating to works at [address], please accept this letter as formal confirmation that I am withdrawing those notice(s) and will not be proceeding with the notifiable works.
I appreciate your time to date. Please direct any fee note for abortive costs to me at [address/email].”
That’s it—you’ve brought the process to a clean stop.
Will I owe any fees?
Possibly. If an Adjoining Owner consented in writing and no surveyor activity occurred, there’s usually no fee exposure. If the Adjoining Owner dissented and appointed a surveyor (or agreed to an “Agreed Surveyor”), the Act anticipates that the Building Owner funds the reasonable costs of administering the matter. When you withdraw before an award is served, the surveyor(s) will typically render abortive fees for time already spent: reviewing drawings, advising, issuing/receiving appointments, opening a file, early correspondence, and any preliminary drafting.
Two practical points:
- Act fast. The earlier you rescind, the lower the abortive time and cost.
- Ask for a breakdown. You’re entitled to understand what time has been incurred and at what rate; reputable surveyors will provide this.
What if I want to re-serve later?
No problem. Rescinding a notice today doesn’t prejudice your right to serve fresh notices when the design and programme are ready. When you re-serve, the usual notice periods apply (1 month for Section 1 or 6; 2 months for Section 2). If your redesigned work differs from the original, fresh notices are the correct approach anyway.
Does rescinding improve neighbour relations?
Yes. Silence creates uncertainty; a clear withdrawal demonstrates courtesy and helps your neighbour stand down their surveyor. It also reduces the risk of needless escalation or assumptions about start dates. In party wall matters, straightforward communication pays dividends if and when you pick the project back up.
What if an award was almost agreed?
If draft terms were significantly advanced, surveyors may finalise an abortive-time award or simply issue fee notes. Either route is normal. What you’re trying to avoid is the surveyors having to finish a full award for works that won’t happen. Timely withdrawal prevents that.
Common pitfalls to avoid
- Letting notices go “stale” instead of rescinding—your neighbour’s surveyor will keep working until told otherwise.
- Partial messages like “we might delay” or “we’re thinking of pausing”—be explicit: withdraw now; re-serve later.
- Forgetting multi-owner scenarios—in flats and freehold/leasehold splits, make sure all notified owners receive the withdrawal.
- Assuming no cost—budget a modest abortive fee if surveyors were already appointed.
When to call a professional
If you’re unsure whether all relevant parties were notified originally, or how best to word and serve the withdrawal, ask a party wall surveyor to handle it. One concise letter to each party, copied appropriately, closes the file neatly and minimises friction.
Need help closing a notice—or re-serving later?
We’ll draft and serve clean withdrawal letters, confirm who needs to be notified, and give you a straight view on any abortive fee exposure. When you’re ready to restart, we can prepare proper, compliant notices so you avoid the DIY pitfalls that often trigger disputes.
Simple Survey — RICS Party Wall Surveyors
Email: team@simplesurvey.co.uk
Fast, clear, and cost-effective help—whether you’re pausing now or pressing go later.