Party Wall Advice for Adjoining Owners
(Referred to as the Adjoining Owner in the Party Wall Act.)
Your neighbour has a number of responsibilities before carrying out their building works. Their responsibilities are clearly laid out in the Party Wall etc Act 1996.
If appropriate, they will need to carry out certain specific actions within a designated timeframe – and receive your response – before they start any notifiable works. The process is not complicated, however, serious, (and costly), delays can occur if the Act is not correctly complied with.
Key Points For Adjoining Owners
- Notices must be served by your neighbour (the Building Owner) in advance of notifiable works
- Delays can result if they fail to notify you
- You needs to respond within 14 days or you are deemed to have dissented
- If they do commence notifiable works before serving notice you may need to take legal action to stop them until they do comply
- If you don’t respond then you can expect to receive a further letter from your neighbour giving you ten days to appoint a surveyor or they will appoint one for you.
- If you dissent or do not reply (and they appoint a surveyor for you) then the dispute is resolved by Party Wall Surveyors
- They will be responsible for your reasonable costs which will include their party wall surveyor’s fees.
What Owners Must do to Comply with the Act
- You can consent to the notice within 14 days and there are no further requirements under the Act. Even if you consent to the works then we strongly recommend a schedule of condition is prepared of your property.
- Respond within 14 days or you are deemed to have dissented – you can formally dissent to the works.
- If you do not respond you can expect to receive a letter giving you 10 days to appoint a surveyor or they will appoint a surveyor for you.
- If you dissent or are deemed to have dissented then you must both appoint a surveyor or agree on one surveyor to act as the Agreed Surveyor.
- After this stage the dispute is in the hands of the surveyor(s) who will prepare a Party Wall Award which resolved the dispute.
How Can We Assist
If you choose to dissent to the works we would be pleased to act as your party wall surveyor to settle the dispute. If you do wish to appoint us, please follow this link and complete the form on the Client Party Wall Notices Completion page.
Any professional guidance and advice we offer is dealt with by Allen Norman, a Chartered Building Surveyor and a Fellow of the Faculty of Party Wall Surveyors. If you have specific questions, or wish to discuss your situation with Allen, please email: mail@elydesigngroup.co.uk or call the Stretham office on 01353 649649.
Please note that your call will be answered by Ely Design Group.