Can I Withdraw My Notice Later?

by The Party Wall Surveyor

Question

We are having an extension built and the unattached adjoining neighbour has not consented to the section 6 third party wall notice issued (they are concerned our excavations could aggrevate their historical and now stable subsidence issues).

Our foundations are planned to be 1.3 metres deep and will be within 3 metres of our neighbour’s property. Because our neighbour has had an extension themselves (less than 20 years old) it could well be that their foundations are at least 1.3 metres deep but we will not discover this until our garage has been knocked down and a trial bore hole dug. Should we discover the third party wall notice was not required in the first place do we still need to be involved in the
dispute resolution process or can we just notify the adjoining owners that the notice has been retracted.

Answer

You can withdraw the notice later if it becomes apparent that you works do not come within the scope of the Act although if your neighbour has appointed a surveyor you would be responsible for his costs up until that point.