What does consenting mean?
Consent to the Notice means you're agreeing to the notified works proceeding without invoking the statutory Award procedure for those works.
You may be comfortable consenting where the proposals are straightforward, you understand the work and have a good relationship with your neighbour.
However, consent doesn't provide the same formal framework as a Party Wall Award.
It is therefore sensible to understand the proposed works before deciding.
What does dissenting mean?
Dissenting does not necessarily mean you object to your neighbour's extension or loft conversion or mean you can stop their work.
For Party Structure and Adjacent Excavation Notices, dissent initiates the statutory dispute resolution process.
A surveyor or surveyors are then appointed to consider the relevant works and settle matters by a Party Wall Award.
This process can address how the notifiable works are undertaken and the protections required under the Act.
Consent or dissent
Consent
- Written agreement to notified works
- No statutory Award normally required
- Optional agreed Schedule of Condition
Dissent
- Statutory dispute procedure engaged
- Surveyor appointment
- Party Wall Award addressing relevant matters
The precise response procedure depends on the Notice type.
When might consent be appropriate?
Consent may be suitable where the proposed works are straightforward, sufficient information is available and you're comfortable with how the work will be carried out.
You may also wish to agree to a Schedule of Condition being undertaken before construction begins.
This provides a useful record of the condition of your property, even where a formal Award is not required.
How a Schedule of Condition works
Before works
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During / after works
When might dissent be appropriate?
Dissent may be appropriate where the works are more complex, potentially affect important structural elements or where you want the formal protections and procedures available through a Party Wall Award.
It can also be sensible where the information provided doesn't adequately explain the proposed notifiable works.
The correct choice depends on the project and your individual circumstances.
Does dissent mean I can stop the project?
Not generally.
The Party Wall Act provides certain rights to carry out building works, subject to its requirements.
The surveyor's role is to consider the matters within the Act, not to decide whether an otherwise lawful development should be permitted.
Planning permission, boundary ownership and general construction disputes are separate considerations.
What should you do next?
If you're unsure whether to consent or dissent, send us your Notice and any accompanying drawings. We can review the information and explain your options.
