Adjoining Owner Surveyor
Are you the adjoining owner?
If you have received a notice from your neighbour explaining that they will be starting building works that are included in the Party Wall Act you have 14 days to respond.
Your Options
The Notice that your neighbour served on you will explain in detail the extent and schedule of the proposed works. Ultimately you have 2 choices; to consent or dissent.
Option 1
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 neighbour 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.
Option 2
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.
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 are ideally placed to serve all areas in Hampshire and the South West.
Farnham
Guildford
Godalming
Fareham
Bournemouth
Salisbury
Portsmouth
Southampton
Chichester
Winchester
Petersfield
Alton