Notices

Should I consent or dissent?

Consent and dissent are not measures of whether you like the project. They are different procedural choices.
Clear, practical guidanceThis article is written for adjoining owners. For advice about your own notice, award or neighbour’s works, speak to Coburns Party Wall.

Consent

Consent may be sensible where the work is straightforward, you understand what is proposed and any practical protections you need can be agreed directly.

Dissent

For party-structure and excavation notices, dissent engages the statutory dispute procedure. It may be appropriate where important matters require determination, protection or formal regulation. Section 1 notices require separate consideration: withholding consent to a new wall astride the boundary prevents that wall being built astride under the Act; silence about a wall wholly on the building owner’s land does not automatically create a deemed dispute.

Dissent does not mean opposition

You can dissent while fully accepting that the building work should proceed. The purpose may simply be to put a proper statutory framework around it.

Do not decide from fear alone

Consider the actual work, information supplied, proposed surveyor and risks to your property rather than assuming that more procedure always means more protection.

Key takeaway

The right choice depends on what you need from the process, not on whether you approve of your neighbour’s project.

This page provides general information about the Party Wall etc. Act 1996 and common practice. It is not legal advice and does not replace advice on the facts of a particular matter.