Can a Party Wall Agreement be refused?

The short answer is yes, an adjoining property owner can refuse to consent to a party wall agreement. However, it's crucial to understand the reasons behind such a refusal and the legal implications involved.

The adjoining owner may choose to dispute the works taking place, whether it be due to fear of damage, disputes over rights, or even because the issued notice lacks the right information.

If the adjoining owner to the property in which the works are proposed chooses to dissent from the works taking place, the Party Wall Procedure will then take place, by the Party Wall Act. Etc 1996. This may involve appointing surveyors to assess the situation, mediate between the parties, and reach a resolution that protects the interests of both sides. Does this mean that the work cannot take place? No, the Party Wall legislation is not in place to prevent any works taking place, nor does it give the power to the adjoining owners to not let works go forward, but rather it is a procedure for resolving disputes between property owners, including situations where consent is refused.

In conclusion, even if a party wall agreement may be rejected, it is crucial that all parties concerned are aware of their legal rights and obligations under the Party Wall Act. Achieving a smooth construction process and protecting the interests of all property owners requires effective communication, transparency, and adherence to legal processes.

Still unsure? We’re here to help, feel free to contact our team here and we will guide you through your Party Wall agreement process