Yes — you can withdraw a Party Wall Notice, but you can’t usually rely on the withdrawn notice to legitimise the same notifiable works. If your works are still the type covered by the Party Wall etc. Act 1996, you’ll normally need to serve a fresh notice (or otherwise follow the Act properly) before you start.
Here’s how it works in practice.
What “withdrawing” a Party Wall Notice actually means
Withdrawing a notice generally means you are telling the adjoining owner that:
- you are not proceeding with the works as described in that notice, or
- you are changing the scope/timing so the original notice no longer applies.
Once withdrawn, that notice is effectively taken off the table.
Can you still do the works after withdrawing?
If the works are still notifiable under the Act
If your project still includes notifiable elements (for example, cutting beams into the party wall, building at the boundary, or excavating near foundations), you would usually need to:
- serve a new Party Wall Notice, and
- follow the response/timing process again (and obtain an Award if there’s a dissent).
So withdrawing doesn’t let you “skip” the party wall process.
If the revised works are not notifiable
If you change your design so the works no longer fall under the Act (for example, you remove the party wall element or excavation trigger), then you may be able to proceed without re-serving—provided the revised scheme genuinely sits outside the Act’s scope.
Common reasons people withdraw a notice
Withdrawing is often sensible when:
- the design changes materially (foundations, steels, wall position)
- the start date changes significantly
- planning/building control details change the method
- you decide not to proceed at all
A notice should match the actual works. If the scope changes, it’s usually better to withdraw and reissue than to argue later about whether the original notice covered what was built.
What if your neighbour already dissented?
If your neighbour has dissented and surveyors are appointed:
- you can still pause or withdraw the works,
- but fees already incurred may still be payable (work done to date doesn’t disappear),
- and if you later restart the same notifiable works, you’ll likely need to serve notice again (or restart the process appropriately).
Can you withdraw just to avoid a dispute?
Withdrawing purely to avoid the surveyor process—while still intending to do the same notifiable works—usually increases risk. Starting notifiable work without following the Act can expose you to:
- injunction risk (work being stopped),
- delays and extra cost,
- arguments over damage without a clean paper trail.
The safest way to proceed
If you’re thinking about withdrawing, the safest approach is:
- Check whether your revised plan is still notifiable
- If it is, serve a new notice that accurately describes the updated works and start date
- Keep everything clear and in writing to avoid confusion later
Want a quick answer for your exact project?
Email mail@howorth.uk or call 07794 400 212 with:
- what works you’re doing (extension/loft/basement),
- what you put in the original notice,
- and what you want to change.
We’ll tell you whether withdrawing is sensible, whether you need to re-serve, and how to keep the process compliant without unnecessary delay.