That letter through your door — the Party Structure Notice — can look pretty daunting. It’s asking you to consent to building work next door. But what happens if you say yes? Or if you say no?
Worried that dissenting might upset your neighbour (and cost them more)? Or worried that consenting means losing your rights?
Let’s clear up the confusion.
Your Fundamental Protection Starts the Moment Notice is Served
As soon as you receive the Notice, the Party Wall Act protections kick in. This means:
- The Building Owner is responsible for any damage caused by the works
- You can use the Act to claim compensation for:
- Damage to your property
- Unnecessary inconvenience during the works
- Costs related to protecting your property from damage (such as temporary structures)
What If You Give Consent?
Consent does not mean you lose your rights. If any problems happen — like damage, unexpected fees, or builders deviating from the plans — you can still resolve these through the Act’s dispute process (called dissent).
Remember: the Act is designed to reduce court cases about damage claims. It’s more about resolving problems after they happen than preventing damage entirely.
Why Do Some People Choose to Dissent?
Dissenting means requesting a Party Wall Award — a legal document that:
- Sets out who pays for damages
- Details how and when the work will be done
- May include specific construction methods and safeguards to reduce risks
For risky or complex projects, having an Award in place can mean the difference between paying to repair your home or avoiding damage in the first place.
Does the Act Penalise the Building Owner?
It might seem that way, but paying for an Award upfront is usually much cheaper than paying out later for damage caused by careless building work.
Should You Consent or Dissent?
The key question is: How risky are the works?
- If it’s a simple job like rebuilding a garden wall, dissenting might be unnecessary.
- But if it’s complex or close to your property, requesting an Award is a reasonable step to protect yourself.
Either way, your rights under the Act remain. You’re just choosing how much protection you want.
Important to Know
If you consent but then want to raise a dispute, you can only do so under certain sections of the Act, including:
- Section 7(5): If the building owner or contractor does not follow the legal requirements or deviates from the agreed plans.
- Section 11(2): Disputes about who pays for what costs.
- Section 11(8): Determining responsibility when the building owner must repair damage.
- Section 12(1): Disputes about security of expenses before work starts.
In summary: Consent doesn’t mean losing your rights. But if you want to reduce the risk of damage, consider requesting a Party Wall Award — especially for high-risk projects.
If you’ve just received a Notice and want clear advice on your next steps, feel free to reach out to team@simplesurvey.co.uk for friendly, expert guidance.