Building Owner Surveyor
Are you planning building works? If construction is being carried out at a property you own, you are termed the ‘Building Owner’. You must tell your neighbour if you want to:
Build on or at the boundary of your properties.
Work on an existing party wall or party structure.
Excavate near to your neighbour’s property, deeper than their foundations.
Your neighbours can’t stop you from making changes to your property that are within the law, but they can affect how and when your works are carried out.
As the building owner, you are responsible under the Act to serve Notice on all affected parties.
This notice must clearly describe the nature and scope of the ‘notifiable works’, as well as the intended start date. If the notices are not served correctly the building work might be deemed unlawful.
Your neighbours might be alarmed to receive a Notice. Speaking to them beforehand and explaining what you intend to do will help smooth the process. Our website has a section specifically designed to help your neighbours.
Your neighbours must respond within 14 days. Their response dictates what happens next:
Response 1: Consent To Works →
Response 1:
Consent To Works
Your neighbour agrees to the works and does not wish to specify how their property is protected during construction. No dispute has arisen and no Party Wall Award is required. Works can commence after the statutory notice period.
Consent to works must be given in writing.
A schedule of condition is often requested when consenting. This provides a minimum level of protection for both parties against claims of damages.
If your neighbour is happy for work to start before the statutory notice period this must be given in writing.
Even after consent is given and constrcution starts disputes relating to damages, fees or deviation from the proposed plans may be resolved through a Party Wall Award.
Notice must also be given for rights of entry to your neighbour’s property.
Response 2:
Dissent To Works
Your neighbour does not agree with the proposed works or requires assurance on how his property will be protected.
The dispute is resolved through the serving of an Award. The Award is a legal document that determines what work is allowed, the manner of execution and how damages will be dealt with.
The parties can either;
Agree to Cubit Party Wall Surveyors representing both parties (an Agreed Surveyor Award).
Appoint an additional party wall surveyor (a Two Surveyor Award).
For simple projects, most people agree to use a single party wall Surveyor. An Agreed Surveyor costs the building owner less, but there is no method to dispute the Award once served, other than appealing to County Court.
Response 3:
No Response
If you neighbor fails to respond within 14 days a dispute is deemed to have arisen.
The Act requires two party wall surveyors to be appointed in order to issue the Award.
Free Download: Building Owner Workflow PDF
You are planning building works and need approval from your neighbour, 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
