If my Mother Consents to a Party Wall Notice is She Still Protected Act if Something Goes Wrong?

by The Party Wall Surveyor

Question

My mother’s neighbours are intending to extend their property.  They have served a party wall notice.  If my mother agrees to the extension without the need for a party wall survey, is she still protected by the Act if something goes noticeably wrong?

Answer

The short answer is ‘Yes’. The case of Onigbanjo vs Pearson confirmed that even if an adjoining owner consents to a party wall notice they do not lose any of their rights including the right to appoint a surveyor if a dispute arises later in the process, for example, over the cause of or cost of making good damage. 

If your Mother does intend to consent she might want to make it conditional on the building owner paying for a surveyor to record the condition of her property prior to works commencing. Without that schedule of condition it will be difficult to differentiate between existing and new damage.