Guides

Consent: a practical checklist

Consent can be an opportunity to agree practical safeguards before the matter becomes a formal surveyor dispute. It should not be used as a ransom demand.
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.

Ask for useful arrangements

  • A schedule of condition.
  • Clear site contacts.
  • Reasonable notice of particularly disruptive work.
  • Agreed access arrangements.
  • Specific protection relevant to your property.
  • Clarification of important excavation or weathering details.

Do not overplay consent

Trying to use consent to obtain unrelated design changes, money or planning concessions may simply cause the building owner to proceed through the statutory dispute route.

New wall astride the boundary

A proposal to build a new party wall or party fence wall astride the boundary raises a distinct consent issue under section 1. That should be considered separately from consent to ordinary party-structure or excavation notices.

Keep agreements in writing

If consent is given on the basis of practical arrangements between the owners, record those arrangements clearly.

Key takeaway

Use consent to obtain clarity and proportionate practical safeguards, not to control the entire development.

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.