ADJOINING OWNER FAQs
Read on for a breakdown of what's involved in the Party Wall ect. Act 1996, why it's needed and what you need to know.
MY NEIGHBOUR IS PLANNING A PROJECT
Your neighbour is going to start construction on their property and you have just received a party wall notice through the post.
You have now have 14 days to respond to the notice.
Here’s what you could choose to do next:
CONSENT
If you are happy for your neighbour to start working without a Party Wall Agreement then this might be your option. If the work is simple then you could give us a call for a quick chat to make sure you haven’t missed anything.
Consenting to a notice doesn’t remove your protection under the Act. You can appoint a Party Wall Surveyor later on.
CONSENT
with a schedule of condition
A Schedule of Condition is a report carried out by a surveyor on the condition of your property. It gives you and your neighbour some future protection against potential damage before work begins.
It is always a good idea to have this as a minimum even if you plan to consent.
Your neighbour who is having the work done will pay for this service.
DISSENT
with the appointment of an agreed surveyor
If you choose to dissent to the work then a dispute has occurred. You can appoint the same surveyor your neighbour is using.
The Agreed Surveyor will carry out a Schedule of Condition (to determine the existing condition of your property), then produce a legal document known as a Party Wall Award which balances the interest of both parties, acting impartially to resolve any issues between you and your neighbour. The aim of the award is to make sure both neighbours are happy before works commence.
Your neighbour, who is having the work done, will pay for this service.
DISSENT
with the appointment of two surveyors
You can choose to dissent and decide to appoint a different surveyor to the one used by your neighbour. Once appointed, the two surveyors will need to select a Third Surveyor, usually someone very experienced. The Third Surveyor is rarely called upon and is only needed if the two surveyors can’t agree.
The two surveyors will do a Schedule of Condition (to determine the existing condition of your property) and serve the Party Wall Award to both owners.
Your neighbour, who is having the work done, will pay for this service.
FREQUENTLY ASKED QUESTIONS
MY NEIGHBOUR HAS NOT SERVED ME WITH A PARTY WALL NOTICE, WHAT DO I DO?
Don't worry, if you are wondering whether a party wall notice should have been served, providing no work has started, you can contact us and we will review what information is available and if their project includes notifiable works then we will write to them on your behalf (for a small fee) and take it from there.
CAN I STOP MY NEIGHBOURS PROJECT?
You cannot stop your neighbour's project by simply not responding to a notice. If this happens then the Act allows your neighbour to appoint another Surveyor on your behalf so that a Party Wall Award can be served.
WHO WILL PAY THE FEES?
Most of the time, the Surveyors fees are covered by the Building Owner (the neighbour having the work done). The cost of chosing to go with your own Appointed Surveyor will usually be higher than that of an Agreed Surveyor. However, if your own Appointed Surveyor is deemed to be carrying out his role in an unreasonable or incompetent manner thereby slowing down the process, that could result in additional costs or expense being passed on to you.
IS IT OK IF I BUILD ONTO MY NEIGHBOUR’S PARTY WALL?
If you are planning a project of your own and you think you might use the new wall constructed by your neighbour, then you will have to pay an agreed amount for the right to do this. Communication and timing are really important for both of you, so have a talk through their project and see if an adjustment can be made to benefit you in the future.
If you are wondering about anything else, please contact us for free advice.
AREAS WE COVER
We travel across the whole of Essex and the south-east of England providing party wall services. Here is a list of some of the locations we have worked with great people already.
Please contact us if you have a need for free advice or assistance with the Party Wall etc. Act 1996...