What do you need to do if you are the Adjoining Owner / Neighbour
If you are an Adjoining Owner ( the neighbour to the planned work) and your neighbour (the Building Owner) is planning works or you receive a notice under the Party Wall etc. Act 1996, you will have 14 days to consider how to safeguard your interests carefully.
If you do not respond or appoint a surveyor within this period, a further 10-day notice will be served, requesting that you do so.
Party Wall Adjoining Owner: the “Neighbour” who may be affected by works to or Near a Party Wall or structure
The following four options “SHOULD” be made available to an Adjoining Owner upon receipt of a Notice:
- Consent to the Notice: If an Adjoining Owner is satisfied that there will be no damage or consequences to his/her property, then he/she may consent to the Notice and the Building Owner will be able to proceed with his/her proposed work without an Award being necessary.
- Consent to a Notice Subject to a “Schedule of Condition Survey” being prepared first: This enables you to have the affected parts of your property ( those closest to the proposed works) surveyed and the current condition recorded, so that in the event that any damage is caused everybody has a point of reference. (this is the minimum, that ideally, you should have carried out)
- Dissent to the Notice and appoint your own surveyor: The Adjoining Owner’s Surveyor will liaise with the Building Owner’s Surveyor and will prepare an award authorising the proposed works.
- Dissent to the Notice and concur in the appointment of an Agreed Surveyor: If the Adjoining Owner is happy for a single surveyor to represent both parties’ interests, then he/she will act impartially to draw up an Award.
You are not at liberty to be out of pocket if your neighbour is to carry out works to their property and you have received a Notice from the Building Owner or their Party Wall Surveyor.
If you wish to appoint your own Party Wall Surveyor to assist and advise you please see our Locate a Surveyor in your area page