Adjoining Owner Surveyor
Are you the Adjoining Owner? If you have received a notice from your neighbor explaining that they will be starting building works that are included in the Party Wall Act you have 14 days to respond.
The Notice that your neighbor served on you will explain in detail the extent and schedule of the proposed works. Ultimately you have 2 choices; to consent or dissent.
Consent
This means you are happy for the work to continue without the need for a party wall surveyor. This is the best option for your neighbor as it will reduce their costs. This option would be a good idea if you do not think there will be any risk to your property. We would recommend calling Cubit Party Wall Surveyors for a free consultation before agreeing.
This option does not interfere with your rights under the Party Wall Act, although you no longer have control over the method of construction.
Even after consent is given disputes relating to damages, fees or deviation from the proposed plans may be resolved through the dissent process outlined in the Act.
Even when consent is given it is strongly recommended that a schedule of condition is taken prior to works commencing. This will safeguard both parties if a complaint for damages is made or if a Party Wall Award is requested in the future.
An example of low risk building work would be the repair of a brick garden wall.
The consent to works must be given in writing.
If you are happy with the proposed works, yet you would like the scope to be modified to enable or improve future works that you intend to perform you may respond with a counter notice.
Dissent To Works
If you are unhappy about an aspect of the project and do not give consent in writing a dispute has occurred. The Act then requires a party wall surveyor to be appointed to resolve the dispute in an impartial manner, ensuring that the interests of both parties are protected.
The surveyor will review the construction documents, manner of construction and current condition of any effected properties. This information will then form the basis of a schedule of condition and a Party Wall Award. This award is a legal document that outlines the scope of work, manner of construction, how damages will be settled and who will pay any costs & fees.
A Party Wall Award may be appealed at County Court within 14 days.
The Act is not designed to delay or stop building works. It is a framework to ensure disputes are settled quickly and allow works to continue.
You may request a separate surveyor. The two surveyors will then work together to serve a Two Surveyor Party Wall Award. If we are not representing the building owner, Cubit Party Wall Surveyors would be happy to be your surveyor. A second surveyor is often requested during complex or contentious projects.
The building owner is liable for the fees of both surveyors.
Free download: Adjoining Owner Workflow PDF
If your neighbour is planning building works, what options do you have? Download this workflow chart to understand the Party Wall Act process in it’s simplest form.
Are you looking for a party wall surveyor in your area?
We’re located in Streatham London, but we offer our party wall services throughout Greater London and the South East of England.
Bexley
Bromley
Croydon
Crystal Palace
Dulwich
Greenwich
Kingston Upon Thames
Lambeth
Lewisham
Merton
Mitcham
Southwark
Streatham
Sutton
Wandsworth
Wimbledon
