BUILDING OWNER FAQs
Read on for a breakdown of what's involved in the Party Wall etc. Act 1996, why it's needed and what you need to know.
I'M HAVING WORK DONE AT MY PROPERTY
If you are the one doing construction work, under the Act you are the Building Owner. It’s your responsibility to serve the correct notices of the planned works to all Adjoining Owners, with all the drawings to accurately describe your project.
The Adjoining Owners then have 14 days to respond to the notices.
Here’s what could happen next…
CONSENT
If your neighbour is happy for you to start working without a Party Wall Agreement then this might be their preferred option.
Consenting to a notice does not remove protection under the Act. Your neighbour can dispute and 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 neighbour’s 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 your neighbour is planning to consent.
DISSENT
with the appointment of an Agreed Surveyor
If your neighbour chooses to dissent to the work then a dispute has occurred. If you think this is likely, then your neighbour can appoint an Agreed Surveyor (hopefully us!). The Agreed Surveyor will produce a Schedule of Condition then a legal document called a Party Wall Award which settles the dispute, acting impartially.
DISSENT
with the appointment of two surveyors
Your neighbour may choose to dissent and decide to appoint a different surveyor. Once appointed, the two surveyors will need to select a Third Surveyor, usually someone very experienced. The Third Surveyor option is not used very often and is only needed if the two surveyors can’t agree.
The two surveyors will do a Schedule of Condition and serve the Party Wall Award to both owners.
FREQUENTLY ASKED QUESTIONS
CAN I START WITHOUT A PARTY WALL AWARD?
You can’t start any of the notifiable works without a consent from your neighbour or until a Party Wall Award has been served. However, you may be able to do some works related to the project which have been approved by planning approval for example. Lots of people serve the notices and even get an award in place before planning is approved to save time.
WHO WILL PAY THE FEES?
Most of the time, the Surveyors fees are covered by you, the Building Owner. The cost of two different surveyors will usually be higher than that of an Agreed Surveyor. It is worth knowing that the time to agree the Party Wall Award might also be longer.
CAN I JUST SERVE MY OWN PARTY WALL NOTICE?
Yes, you are able to produce and serve your own notices… But if they are served incorrectly they are invalid and you will need to start all over again which could delay the start of your project. Having this done early on by a Party Wall Surveyor will deal with this potential risk.
WHEN DO I NEED TO NOTIFY MY NEIGHBOURS?
Timing is really important, so reviewing your project with a Party Wall Surveyor to run through your project and check if any elements will require serving notice removes stress from the project early on, allowing you to concentrate on the rest of the job. We would recommend getting in touch as soon as a planning application has been submitted, if you intend to begin works promptly.
CAN MY NEIGHBOUR STOP MY PROJECT?
Your neighbour can’t stop you carrying out the project by simply not responding to the notice within the required timeframe. If this happens then the Act allows you to appoint another surveyor on their behalf so that a Party Wall Award can be served. You can’t have an Agreed Surveyor in this scenario.
WHAT ARE THE 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 done some work which might hinder your neighbour’s ability to have a project of their own, without serving the correct notice, you will be liable to compensate for any remediation or damages caused under common law. You will have to cover the cost for undoing this work and any related design fees.
If you have another question, please contact us and we will be pleased to help if we can.
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...