Does Dissent Mean Your Neighbour Objects? A North London Party Wall Surveyor Explains

Dissent Does Not Mean Your Neighbour Objects

When an Adjoining Owner receives a Party Wall Notice and reads that they may 'consent' or 'dissent', it is the word dissent that tends to cause alarm. Many people assume it means they are objecting to their neighbour's works, or that by dissenting they are refusing to let the project go ahead. As party wall surveyors working across North London, it is the most common misconception we come across.

Dissenting to a Notice does not stop the works, it does not delay them and it is not a vote against the project. The Party Wall etc. Act 1996 does not give an Adjoining Owner the power to block or veto building works that their neighbour is otherwise entitled to carry out. Whatever an Adjoining Owner decides, a Building Owner who has served a valid Notice and followed the proper procedure can proceed with their project.

What Dissent Really Means

So what does dissent actually mean? In plain terms, dissenting means 'I would like a surveyor appointed to look after my interests'. That is all. When an Adjoining Owner dissents, a dispute is deemed to have arisen under the Act and that brings the surveyor process into play. The Act stipulates that the matter is then resolved by the appointment of surveyors, who prepare a Party Wall Award. The Award is the document that protects the Adjoining Owner. It records the condition of their property before works begin by way of a Schedule of Condition, sets out how and when the works may be carried out, deals with access and working hours and provides a clear route to putting right any damage that the works might cause.

In our experience most Adjoining Owners are perfectly happy for their neighbour's project to go ahead. They have no wish to fall out with anyone. What they want, quite reasonably, is the reassurance that their own home is protected while the work is done next door. Dissenting is simply the way the Act allows them to obtain that protection.

Why Dissenting Often Protects You

It is also worth understanding what consenting involves, because the two are so often confused. Consenting to a Notice means agreeing that no surveyors need be appointed. There is nothing wrong with consenting, but it does mean that no Schedule of Condition is recorded and no Party Wall Award is drawn up. If damage were to occur later, the Adjoining Owner would have no agreed record of the property's condition beforehand to rely on. For that reason many Adjoining Owners find that dissenting and having a surveyor appointed is the more sensible and protective course, particularly as its usually their home and/or biggest asset.

None of this should be read as encouraging hostility between neighbours. The opposite is true. The surveyor process exists precisely so that the two parties do not have to negotiate the technical and legal detail between themselves, which is where relationships tend to come under strain. Once surveyors are appointed, communication runs through them, the works are properly documented and both owners can get on with their lives.

Speak to a North London Party Wall Surveyor

If you have received a Party Wall Notice and the word dissent has given you pause, there is no need for concern. Dissenting does not make you difficult and it does not hold up your neighbour. It is the straightforward, sensible way to make sure a surveyor is in place to protect your property while the works proceed.

Hudson Party Wall Surveyors is an RICS regulated practice based in North Finchley, acting for Building Owners and Adjoining Owners throughout North London and the surrounding boroughs. If you would like to talk through your Notice before you respond, you are welcome to contact our team today or call the office on 020 3488 7747, and we will be glad to explain your options.