Thank you for taking the time to read our article. In this guide, we look at Party Wall Notice responses and some of the most common reasons why an Adjoining Owner may choose to dissent to a notice.
For Building Owners, a dissent can sometimes come as a surprise. However, it is important to understand that dissenting to a Party Wall Notice does not necessarily mean that the neighbour objects to the project or is attempting to prevent the works from proceeding.
In many cases, the Adjoining Owner simply wants the protections available to them under the Party Wall etc. Act 1996.
When Do Party Wall Notices Need to Be Served?
Where proposed works fall within the scope of the Party Wall etc. Act 1996, the Building Owner will need to serve the appropriate notices before the relevant works commence.
Notices can be prepared and served by the Building Owner directly or by an appropriately authorised adviser, such as a Party Wall Surveyor.
The correct notices will need to be served on each relevant Adjoining Owner affected by the notifiable works.
Depending on the project, this may relate to:
- works to an existing party wall or party structure (ceiling/floor);
- construction at the line of junction (boundary line); or
- excavation close to neighbouring buildings or structures.
It is important that the correct owners are identified and that the notice accurately reflects the works being undertaken.
Should a Building Owner Expect Their Neighbour to Consent?
Building Owners will sometimes approach the Party Wall process assuming that their neighbour will simply consent to the notice.
In practice, this should never be taken for granted.
An Adjoining Owner may have no objection whatsoever to the planning, design or principle of the works but may nevertheless prefer to dissent so that the formal procedures under the Act are followed.
Based on our experience of acting for both Building Owners and Adjoining Owners, there are several recurring reasons why an owner may choose this route.
1. Historic Neighbourly Issues
One of the more common reasons for dissent is a history of difficult relations between neighbours.
This might relate to previous construction works, historic damage, access disagreements or simply a relationship that has become strained over time.
If there has already been a dispute between the owners, an Adjoining Owner may understandably be less comfortable relying on informal assurances when a new building project begins.
In those circumstances, having surveyors appointed and the works formally documented can provide additional reassurance.
For Building Owners who are already aware of difficult neighbourly relations, a dissent should therefore not necessarily come as a surprise.
2. Concerns About the Proposed Works
Another common reason for dissent is concern about the nature or scale of the project itself.
This can be particularly relevant with larger extensions, basement works or significant structural alterations.
The Adjoining Owner may have concerns about matters such as:
- the depth of an extension;
- the height of the proposed structure;
- excavation close to their property;
- potential structural movement;
- access requirements;
- disruption during construction; or
- the way in which the works will interface with their property.
Some of these concerns may relate to planning matters rather than the jurisdiction of the Party Wall Surveyors. Nevertheless, concern about the overall project can often influence an owner’s decision to seek formal protection under the Act.
A dissent does not give an Adjoining Owner a right to prevent otherwise lawful works simply because they dislike the design. It does, however, allow the applicable Party Wall procedures to be followed for the notifiable elements of the project.
3. Protection of the Adjoining Property
Perhaps the most straightforward reason for dissent is that the Adjoining Owner simply wants their property properly protected before work begins.
Dissenting allows the dispute resolution provisions of the Party Wall etc. Act 1996 to take effect and enables surveyor appointments to be made.
The process will commonly include a Schedule of Condition of the relevant areas of the Adjoining Owner’s property before the notifiable works commence.
This provides a written and photographic record of the property’s pre-work condition.
The surveyor or surveyors can then agree a Party Wall Award, setting out the notifiable works and relevant protections.
If damage is subsequently alleged, the Schedule of Condition and Party Wall Award provide an established framework through which the issue can be considered.
For many Adjoining Owners, this is the principal reason for dissenting. They are not necessarily opposed to the project; they simply prefer to have the protections of the Act formally in place.
The Building Owner will generally be responsible for the reasonable surveyors’ costs arising from their proposed works, although this will depend on the circumstances of the matter.
Does Dissent Mean My Neighbour Is Objecting to the Works?
No. – This is one of the most important misconceptions surrounding Party Wall Notices.
A dissent is not the same as a planning objection, nor does it automatically mean that the Adjoining Owner wants to stop the project.
In many cases, the Adjoining Owner is simply saying:
“I am happy for the appropriate Party Wall procedures to be followed before the works commence.”
Seen in that context, a dissent is a normal part of the Party Wall process rather than something that Building Owners should necessarily regard as confrontational.
Serving Party Wall Notices
Building Owners are entitled to prepare and serve Party Wall Notices themselves.
However, where the works are more involved, appointing a Party Wall Surveyor at an early stage can help ensure that:
- the correct notices are served;
- the appropriate owners are identified;
- the works are accurately described;
- relevant drawings are included where required; and
- the process starts on the correct footing.
Clear, professional correspondence can also help an Adjoining Owner understand what is being proposed and what their options are.
Party Wall Advice from Stokemont
If you are a Building Owner preparing to undertake notifiable works, Stokemont can review your proposals, advise which notices are required and manage the Party Wall process on your behalf.
Equally, if you are an Adjoining Owner who has received a Party Wall Notice and are unsure what it means or whether you should consent or dissent, we can explain the process and the protections available under the Act.
Contact Stokemont today to speak with one of our Party Wall Surveyors about your proposed works or a Party Wall Notice you have received.
