The short answer
Yes. A building owner is never obliged to carry out the work, so a notice can effectively be withdrawn if you change your mind. The catch is cost: if surveyors have already been appointed and done work, there may be abortive fees to pay — typically the adjoining owner’s surveyor’s reasonable fees for the work done up to that point. The earlier you withdraw, the less is likely to have been incurred, so withdraw as soon as you know you are not proceeding.
Why it matters
A party wall notice starts a process. Once the adjoining owner dissents and a surveyor is appointed, time — and therefore fees — begins to accrue. If you then decide not to build, you generally still have to meet the reasonable fees for work properly done before you pulled out; those are the abortive fees. There is nothing wrong with withdrawing: it is far better to stop a scheme you have decided against than to press on. But timing is everything. Withdraw before surveyors are appointed and there may be little or nothing to pay; withdraw once an award is well advanced and more will have been incurred. Note too that having an award does not force you to do the work — but it does not wipe out fees already due. Keeping to a single agreed surveyor keeps any abortive fees lower than running two.
What to do now
- If you are not proceeding, say so promptly and in writing.
- Expect to settle reasonable fees for work already done.
- Withdraw before surveyors are appointed where you can.
- A single agreed surveyor keeps any abortive fees down — the route Coburns recommends.
Common mistakes
- Leaving it late and running up avoidable fees.
- Assuming withdrawal wipes out fees already incurred.
- Not confirming the withdrawal in writing.
When to call Coburns
If you are thinking of not proceeding, tell us early — we will help you withdraw cleanly and keep any abortive fees to a minimum.