When a Party Wall Notice is served under the Party Wall etc. Act 1996, many owners assume there are only two outcomes: “agree” or “disagree”. In reality, the choice between consenting to a notice and proceeding under a Party Wall Award is a decision about how much structure and protection you want around the works.
Both routes can work well. The right option depends on the type of works, the relationship between neighbours, and the level of risk (particularly where excavation, structural alterations, or access is involved).
1) What is Party Wall Notice consent?
Consent means the adjoining owner gives written agreement to the works described in the Party Wall Notice.
What it does
- Confirms the adjoining owner is not requiring the dispute-resolution route under the Act at that stage
- Allows the building owner to proceed (subject to the notice periods and any other approvals)
What it usually avoids
- The formal surveyor appointment process under Section 10
- The preparation and service of a Party Wall Award
What documents exist under a consent route
Typically:
- the served Party Wall Notice
- the adjoining owner’s written consent
- the drawings/plans referenced by them
Consent can be quicker, less formal, and often lower cost—provided everyone remains comfortable with the scope and execution of the works.
2) What is a Party Wall Award?
A Party Wall Award is a formal, legally binding document produced by party wall surveyor(s) when a dispute arises (or is deemed to arise). It sets out the agreed framework for how works will be carried out under the Act.
An Award is usually produced when:
- the adjoining owner dissents to the notice, or
- the adjoining owner does not respond and a dispute is deemed to have arisen
Who produces it?
- one Agreed Surveyor acting impartially for both owners, or
- two surveyors (one appointed by each owner), with a Third Surveyor selected as a safeguard
What it typically covers
A Party Wall Award commonly includes:
- the exact works permitted under the Act
- method and sequencing requirements (where relevant)
- working hours and site practices that reduce disturbance
- protective measures to reduce damage risk
- access arrangements (if access is required)
- procedures for dealing with damage and making good
- a Schedule of Condition of the adjoining property (commonly attached)
- confirmation of surveyor fees and who pays them (where appropriate)
3) The practical difference: structure and protection
Consent route
Best thought of as:
- “We are comfortable proceeding based on the notice and drawings.”
It relies more heavily on:
- trust and communication
- a well-managed contractor
- the scope staying consistent with what was noticed
- good records (especially condition photos)
Award route
Best thought of as:
- “Let’s put formal safeguards and a clear process in place.”
It provides:
- a defined set of rules for how the work is carried out
- clearer protections if concerns arise mid-works
- a documented process for dealing with damage
- less ambiguity if relations become strained
4) Risk: when consent is often fine (and when an Award is usually wiser)
Consent often suits
- minor party wall works with low risk (for example limited non-invasive works)
- neighbours with a good relationship and clear communication
- situations where the drawings and scope are straightforward
- where no access to the adjoining owner’s land is needed
An Award is often prudent where
- excavation is involved (especially close to the neighbouring structure)
- structural alterations to the party wall are proposed (beams, bearings, removals)
- the works are complex, lengthy, or high-value
- access to the adjoining owner’s land is likely to be required
- the adjoining owner wants formal protection (even if relations are friendly)
- the adjoining owner is absent, a landlord, or there are multiple stakeholders
A key point: dissenting doesn’t mean hostility. Many adjoining owners dissent simply because they want the certainty of a structured Award.
5) The role of a Schedule of Condition (important in both routes)
Regardless of consent or Award, a Schedule of Condition is often the single most useful protection available. It records the adjoining property’s condition before works begin and can prevent disputes about whether cracking or defects were pre-existing.
- Under an Award route, it is commonly included as part of the documentation.
- Under a consent route, it is strongly recommended even though it is not automatically required.
6) Costs: how the two routes typically compare
Consent route
- often lower upfront costs because surveyors may not be required
- fewer formal steps
Award route
- surveyor involvement adds cost
- however, the Award can reduce later costs by preventing dispute escalation and clarifying responsibilities from the outset
In many typical situations, the building owner pays the reasonable surveyor fees, but cost allocation can depend on the circumstances and the Act’s cost provisions.
7) Can you start with consent and later move to an Award?
Yes—if issues arise during the works (for example a disagreement about scope, access, or damage), the matter can develop into a dispute under the Act. At that point, surveyors may need to be appointed and an Award may become appropriate.
This is another reason why good documentation and a Schedule of Condition are sensible even where neighbours consent.
The takeaway
Consent is a simpler route where the adjoining owner is happy to proceed based on the notice and plans, without the surveyor dispute procedure. A Party Wall Award is a formal, legally binding framework produced by surveyor(s) when a dispute exists, offering clearer safeguards, procedures, and protection—particularly for higher-risk works.
Not sure whether consent or an Award is best for your project?
Email mail@howorth.uk or call 07794 400 212. Share the proposed works and drawings (if available) and we’ll explain the likely risk profile and the most sensible route to keep your project compliant and neighbour relations smooth.