BUILDING OWNER
If you are the one carrying out the construction, under the Act you are the Building Owner. It is your responsibility under the Act to serve the correct notices of the intended works to all Adjoining Owners affected, with the relevant drawings to assist in understanding your proposal.
The Adjoining Owners have 14 days to respond to the notices. The four possible outcomes are:
OPTION 1
Consent
If your neighbour consents to the works then there is no dispute under the Act. There is no need for the appointment of a Party Wall Surveyor. You will be able to commence any of the notifiable works after the notice period under the Act expires or if your neighbour agrees that you can begin sooner.
It should be noted that consenting does not take away the rights of the Adjoining Owner to raise a dispute at a later date if they wish to implement the provision of the Act.
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 the neighbouring property that may be affected by the proposed works. 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 this as a minimum even if consent is granted.
OPTION 3
DISSENT WITH THE APPOINTMENT OF AN AGREED SURVEYOR
If the Adjoining Owner dissents to the work then a dispute has occurred. This isn’t the end of the world. You will need to appoint a Party Wall Surveyor to act on your behalf. Because the Surveyor acts impartially to resolve any issues, the Adjoining Owner can agree to the appointment of the same Surveyor on their 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.
OPTION 4
DISSENT WITH THE APPOINTMENT OF TWO SURVEYORS
The Adjoining Owner has dissented to the notifiable works and has taken the option to use their own Party Wall Surveyor. Upon the clarification of the appointment, the two Surveyors will need to select a Third Surveyor 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 parties.
THINGS TO NOTE
Can I start works without a Party Wall Award?
You cannot begin any of the notifiable works without consent or a Party Wall Award been served. However, you may be able to carry out other works in relation to the construction which have been approved such as planning consent. Many serve the notices and even get an award in place before planning is granted to save time.
Can I serve my own notice?
You are able to serve your own notices but if served incorrectly they are invalid and you will need to start again which may delay the start of your construction. Getting this done properly by a Party Wall Surveyor will remove this potential risk.
Who pays the fees?
In most cases, the Surveyors fees are met by you the Building Owner. The cost of the two separate surveyors will be higher than that of an Agreed Surveyor. The time to agree the Party Wall Award may also take longer. For a simple project such as a loft conversion, the use of an Agreed Surveyor would be advantageous in regards to cost and time.
At what stage do I need to inform my neighbours?
Communication can go a long way. Early engagement with a Party Wall Surveyor to review your project and clarify any elements of the design that will require serving notice is key to easing any stress that a construction project might bring. We would therefore recommend doing so soon after planning has been approved if you intend to begin works relatively quickly.
Can my neighbour stop my project?
Your neighbour cannot prevent you carrying out the works by not responding within the required timeframe. The Act allows you to appoint another Surveyor on their behalf in order that a Party Wall Award can be served so that you can carry on according to the program. You cannot have an agreed Surveyor in this instance.
What are the potential risks if I don’t serve a notice?
It is illegal to begin any notifiable works without a notice. Your neighbour has the right to serve an injunction and stop the work.
If you have carried out works which might impede the future development of your neighbour without serving the correct notice, you will be liable to compensate for any remediation or damages caused under common law. An example of this might be the construction of a foundation for your extension which crosses the boundary. This would be trespassing. If this prevents your neighbour from building their own extension in the future, you will have to cover the cost for cutting back your foundation and any associated design works.