SHOULD YOU CONSENT TO A NOTICE? We're frequently asked this by owners who have received notices. There is nothing wrong with consenting to a notice. The Party Wall Act was conceived to resolve disputes but it has been 'hi-jacked’ by the surveying profession. Many surveyors will advise a neighbour to dissent to a notice, some even imply that a neighbour will be waiving the protection given by the Act if they consent. This is not true. The protection given by the Act stems from the notice. It is absurd to have a surveyor (or two surveyors) make an Award to resolve an entirely artificial dispute before the works have even started and in doing so to charge fees that may dwarf the cost of any damage that might be caused. The only instance where we advocate that appointing a surveyor following notice is where deep excavation especially involving underpinning a Party Wall is proposed because the risks involved with this type of work can justify having an 'extra set of eyes'. It is important that any notice (other than when very remote works are proposed) includes the undertaking to make a prior Schedule of Condition and whilst also not an obligation we try and provide sufficient information to reassure an adjoining owner and therefore encourage them to consent. It is important to remember that having consented, should any dispute arise from the notified works you can still appoint a surveyor works - This is applying the Act as was designed to work.