Consent — what it means + what it doesn't
Consent must be in writing (s5 Act) — typically a signed + dated counter-signature on the original notice or a separate letter. Consequences of consent: (1) no statutory surveyor appointment required — saves both sides £1,200–£4,500 + VAT in surveyor fees; (2) works may lawfully start once the notice period has expired (1 or 2 months from service depending on section); (3) building owner not exposed to delay from dispute resolution process. What consent does NOT do: it does not waive the adjoining owner's right to claim compensation for damage caused by the works (common-law nuisance + s7 Act statutory liability remain); does not authorise access onto adjoining land (s8 right of access still requires 14-day notice); does not approve specific design or methodology (consent is to proceed, not approval of structural calcs). Best practice with consent: still commission a pre-works Schedule of Condition (£385–£950 + VAT) to record adjoining property baseline — protects building owner from spurious damage claims AND gives adjoining owner evidence base for legitimate claims. Surveyor-prepared SoC valid even where Award process not triggered.
Dissent — what triggers it + what happens next
Dissent can be: (1) written dissent within 14 days; (2) silence — adjoining owner who fails to respond within 14 days is 'deemed to have dissented' (s5 Act); (3) any qualified or conditional response that isn't unambiguous consent. Once dissent is triggered, the Party Wall Act's dispute resolution machinery activates (s10): each owner appoints a party wall surveyor (or the parties jointly appoint a single 'agreed surveyor'). The appointed surveyors must produce a Party Wall Award before works lawfully start. Timeline: 4–12 weeks typically (longer for basements + complex schemes). The Award is a statutory document binding both parties — sets out works permitted, methodology, working hours, indemnity, access rights, Schedule of Condition + appointed third surveyor as tie-breaker. Costs of the surveyor process are generally paid by the building owner (s10(13) Act) — typical 2-surveyor process £2,400–£6,500 + VAT, agreed-surveyor route £1,200–£3,500 + VAT, basement schemes £8,000–£25,000 + VAT all paid by building owner. See [[party-wall-award-explained-london]] for content of an Award.
Encouraging consent — practical strategy
Building owners can't compel consent but can make it easier: (1) early informal conversation 6–8 weeks before notice — explain scope, drawings, programme, working hours, contact details; build trust; (2) serve clean, complete notice with full drawings + structural calcs + method statement attached (vague notices invite dissent); (3) offer voluntary Schedule of Condition pre-served (paid by building owner) — addresses commonest neighbour fear of damage without evidence; (4) offer voluntary insurance disclosure (contractor's PL £5M + Contract Works); (5) confirm restricted working hours + dust/noise mitigation in writing; (6) where neighbour has a planned extension of their own, offer reciprocal cooperation. Statistics from FPWS member surveys: notices with full drawings + pre-engagement achieve ~55–65% consent rate; notices served cold to neighbours with no prior communication achieve <30% consent. Cost of pre-engagement (6–10 hours of polite conversation + a letter) trivial vs £3,000–£10,000 surveyor process + 6–10 week delay. Where neighbour is hostile or you have prior dispute: don't waste effort, accept dissent route + commission strong party wall surveyor early.
