The short answer
Consent is a perfectly reasonable response, and the most important thing to understand is what it does not do. Consenting does not concede any of your future rights, and it does not prevent you claiming for loss or damage. The building owner remains liable to put right or pay for any damage their work causes, whether you consented or not. Consent simply means you are content for the work to proceed without the formal award process. The one thing to do before consenting is to make sure your property’s condition is recorded, because that record is your protection if damage later occurs.
Why it matters
A common myth is that consenting “signs away” your protection. It does not. Your rights under the Party Wall etc. Act 1996 — to have any damage made good or compensated, and to expect the work to be carried out properly — remain fully intact whether you consent or not. What consent changes is the process, not your rights: you are simply choosing not to trigger the appointment of surveyors and a formal award, which is often sensible for straightforward work you are comfortable with.
It is still worth asking for a schedule of condition as a condition of your consent — it records the state of your property before work begins, giving a clear baseline if damage is later alleged, and it costs nothing to ask for. The bigger limitation is that, with consent, there is no award; and an award is what would otherwise set the rules for how the work is done: the method, the access, and any temporary protection. Without one you are relying on trust — and not only trust in your neighbour. Even if you know the building owner well, you will rarely know the builder actually doing the work, and it is the builder’s competence and care that decide whether your property is protected. A building owner with little construction experience may be in no better position to judge or manage that builder than you are.
This gap matters most where the work needs access into your property, or temporary protective measures inside it — chimney breast removal is the classic example, where the soundness of your home can depend on the support left in place. In those cases the reassurance of an award is well worth having. That does not mean appointing rival surveyors: a single agreed surveyor, acting impartially for both owners, gives you that protection proportionately — and is the route Coburns recommends.
What to do now
- Read the notice and satisfy yourself you understand the work.
- Record your property’s condition before any work — dated photographs, or an agreed schedule of condition.
- Remember that consent keeps all your rights to claim for damage; it does not waive them.
- If you want a formal record and award, a single agreed surveyor is the proportionate route.
Common mistakes
- Believing consent waives your right to claim for damage — it does not.
- Consenting without recording your property’s condition first.
- Assuming the only alternative to consent is appointing your own surveyor.
When to call Coburns
If you have received a notice and are unsure whether to consent, we will explain plainly what it means for you — and, if you want one, arrange a proportionate schedule of condition.