Party Wall Notice

[Firsttimebuyer192]

Neighbour signed party wall notice 6 weeks ago consenting subject to a schedule of condition.

The schedule of condition was due to be done yesterday (haven’t yet had confirmation from the surveyor this was done) and works due to start next month.

Today they contacted us asking to change from consent to dissent because ‘it is safer for them’ with no further information given.

Is it actually possible for them to change or can we proceed as we have the signed paperwork consenting?

Speak to a solicitor experienced in this area of the law (google something like "Party wall dispute solicitors").

I believe that once written consent has been given then there is no way under the Act to withdraw that consent.

But if you were to cause any damage etc then they can still bring a dispute anyway.

I can’t see how they can change their minds either. As work progresses they can engage a surveyor to arbitrate for them if necessary. Their cost though. It really depends on what work is involved. If it’s complex, they should have objected in the first place. However it’s best to play by the book and ensure you are reasonable neighbours. Maybe reassure them on this? The surveyor should take photos and you should expect to reinstate.

You asked this question on Reddit "22 hours ago", have the answers helped at all? Does this help?

Consent, once given cannot be withdrawn, but if, for example, you carry out work different to that stated on the notice and/or otherwise agreed (S.7(5)) or undertake it in such a way as to cause unnecessary inconvenience (S.7(1)) or cause damage to the Adjoining Owner’s property (S.7(2)) or contravene any other provision of the Act, the Adjoining Owner can invoke the Section 10 dispute resolution procedure, even after the work has been completed.

The party carrying out the works is normally responsible for paying for the surveyor where the surveyor is appointed at the outset.

Even though the neighbour gave their consent they do not lose their rights under the Act to appoint a surveyor if a dispute arises. Ultimately the surveyor may decide who shall pay their costs.

Yes these answers are helpful thank you.
We’ve confirmed that it cannot be withdrawn and will look to reassure that this doesn’t remove any right to raise a dispute, in the event that, damage is caused/there is an issue etc.

thanks all