ADJOINING OWNER

Your neighbour is about to begin works to their property and you have just received a notice through the mail.

You now have 14 days to respond to the notice. Your options are:

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OPTION 1

consent

If the work is very basic and you are happy for your neighbour to go ahead without the need for a Party Wall Surveyor then this is your option. The building of a brick fence along the boundary might be one example. We would recommend just picking up the phone and calling us for quick advice to make sure you haven’t missed anything.

  1. Consenting doesn’t take away your protection under the Act to dispute and appoint a Surveyor at a later date if deemed necessary.

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OPTION 2

CONSENT WITH A SCHEDULE OF CONDITION

A Schedule of Condition is a photographic and written report by a surveyor of the condition of your property that may be affected by the proposed works. The walls, floors and ceilings will be inspected for cracks, or lack of, before any works begin, providing a written and visual record.

Whilst the requirement for a Schedule of Condition is not stipulated under the Act, it is a provision that safeguards both parties in the event of a dispute of proposed damage to an adjoining property. We would always recommend that you request this has a minimum even if you wish to consent.

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OPTION 3

DISSENT WITH THE APPOINTMENT OF AN AGREED SURVEYOR

If you choose to dissent to the work then a dispute has occurred. The Building Owner may already have a surveyor Appointed in this event. Because the Surveyor acts impartially to resolve any issues, you may wish to agree to his/ her appointment on your behalf. The Agreed Surveyor will carry out a Schedule of Condition then produce a legal document known as a Party Wall Award which settles the dispute by balancing the interest of both parties.

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OPTION 4

DISSENT WITH THE APPOINTMENT OF TWO SURVEYORS

You can dissent to the notifiable works and decide to appoint a separate surveyor to your neighbour. Upon the clarification of the appointments, the two Surveyors will need to select a Third Surveyor of which you will be notified. The Third Surveyor is rarely used and is only required if the two Surveyors cannot agree.

The two Appointed Surveyors will carry out a Schedule of Condition, review all necessary documents and serve the Party Wall Award to both owners. For more demanding projects, it would be prudent to have two separate Surveyors so that no accusation of impartiality can be labelled upon an Agreed Surveyor.

THINGS TO NOTE

 
 

Can I stop my neighbours project?

 

The Act cannot be used to prevent your neighbours carrying out their works. It is an enabling act. As long as all the notices have been served correctly, the system is in place to allow the appointment of a Surveyor to act on your behalf if you fail to respond to the notices in the correct period.

 

Who pays the fees?

 

In most circumstances, the Building Owner will pay for the costs of the Surveyors and the Award. It is important to make sure your Appointed Surveyor is carrying out his role in a manner that is not deemed to be unreasonable or incompetent that might slow down the process. This could result in any additional costs or expense being passed on to you.

 

Can I build onto my neighbour’s party wall?

 

If you are planning your own project in the future and you intend to use a section of a new wall constructed by your neighbour, you will have to pay an agreed amount for the right to do so. It may be worth talking through the scheme if it benefits you. For example, it may be preferable to build a wall centred on the boundary line in order for you to maximise the internal space in your scheme.