Richard Hourican |
Receiving a Party Wall notice can be unsettling, especially if you have never dealt with the Act before. Most people immediately want to know one thing: should I consent, dissent, or ask for my own surveyor? There is no universal answer because the right response depends on the type of works, the quality of the drawings, the condition of your property and your confidence in the proposed safeguards. This guide explains the practical meaning of each response and when it may be sensible to involve an Agreed Surveyor or your own Adjoining Owner’s Surveyor.
What does it mean to consent or dissent?
A written consent means you are not requiring the statutory dispute procedure to start. It does not mean you are “approving” every aspect of the project in the planning sense, nor does it remove the building owner’s responsibility to avoid damage and unnecessary inconvenience. Consent can be entirely reasonable where the works are modest, the information is clear and the neighbour relationship is good.
A dissent does not mean you are being difficult or trying to stop lawful works. In Party Wall terms, it simply means the formal surveyor process will be used to settle the matter by Award. That can be the sensible route if the works are technical, the plans are incomplete, access is needed, or you want formal safeguards recorded. If you are unsure, the safest step is usually to have the notice reviewed before deciding. Our notice service and adjoining owner advice pages explain the framework in more detail.
Questions to ask before responding
- Does the notice clearly describe the works and include enough drawings or explanation to understand the proposal?
- Is the project likely to involve structural risk, deeper excavation, access to your side, or a meaningful chance of cosmetic damage?
- Would a schedule of condition be sensible before work starts?
- Is there genuine trust and good communication between the owners, or has the matter already become tense?
- Would one impartial Agreed Surveyor be enough, or do you want your own surveyor?
- Have you diarised the response period so you do not drift into a deemed dispute by accident?
Which response route is usually best?
| Response | Often suitable where | Main advantage | Main caution |
|---|---|---|---|
| Consent | The works are clear, modest and low-risk, and communication is good | Can keep the process simple and less expensive | You may have fewer formal protections unless they are separately agreed in writing |
| Dissent and agree one surveyor | The parties want a formal Award but also want to keep cost and duplication down | Often the most efficient formal route | Both owners must be comfortable with one impartial surveyor acting under the Act |
| Dissent and appoint separate surveyors | The project is technical, relations are strained, or one owner wants independent representation | Each owner has their own appointed surveyor | Usually more correspondence and higher cost |
Do not confuse a Party Wall response with planning consent
A common misunderstanding is that signing a Party Wall notice means you approve the whole development. It does not. Planning, building control and the Party Wall process are separate. Your response under the Act mainly determines whether the matter proceeds informally or through the statutory surveyor route. It is therefore perfectly possible to consent to a notice while still having concerns about other aspects of the project, and it is equally possible to dissent even though the works are lawfully permitted in planning terms.
If the works involve deeper foundations, rear extensions or a basement, additional care is often sensible because the risk profile is different from a minor chimney breast removal or small opening. In those cases, clients often want a formal schedule of condition and a carefully drafted Party Wall Award.
What if you ignore the notice?
Doing nothing is rarely a good strategy. For many types of notice, if the adjoining owner does not respond in writing within 14 days, a dispute is deemed to have arisen and the surveyor procedure then comes into play. That means you may end up in the formal process without having positively chosen your preferred route. Even if you intend to dissent, it is usually better to do so deliberately and clearly, with your preferred surveyor arrangement stated.
If you have received a notice and want practical help deciding what to do, Hourican Associates can advise from the adjoining owner perspective and, where appropriate, act as an impartial Agreed Surveyor or as your own appointed surveyor.
Frequently Asked Questions
Richard Hourican, Company Director
BSc (Hons). HND Build. MCIOB. C.Build E MCABE. ARICS. MFPWS. MPTS
As a specialist Party Wall surveyor, Richard Hourican will protect your interests during building works.
Are you planning a building project – perhaps an extension, loft conversion or basement – that is on or adjacent to your property’s boundary line? Or has a ‘Party Wall’ notice dropped on the doormat informing you of a neighbour’s impending works?
It’s essential to understand all the implications of building plans. If you don’t, it could cost thousands. Our job is to ensure everything is done correctly – and that it doesn’t!
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