continued….

Upon receipt of a notice, an adjoining owner has the option to either consent or dissent to the works proposed. If the adjoining owner does not respond within a set time period they are deemed to have dissented and the two parties are therefore in dispute. Where a dispute arises each owner must appoint a Surveyor so that a party wall award can be agreed and served.

A party wall award is a legally binding document that sets out working hours, access rights, safeguards and security in order to ensure works are undertaken without causing unnecessary inconvenience to the adjoining occupiers. Most adjoining owners like to include a schedule of condition and photographic record of the condition of the parts of their property considered to be at risk from the works, however this is not a requirement of the Act.

The building owner (the party undertaking the works) is responsible for the fees of both their own and the adjoining owner’s surveyor.

If you are an Adjoining Owner and your neighbour is carrying out building works

• I can advise you of your rights under the Party Wall etc Act.

• Protect your property from potential damage and yourself from undue inconvenience.

• Agree an Award between yourself and your neighbour. undertaking building works, referencing working times and possibly securities.

• Note, under the Act, the building owner doing the works is required to pay your Surveyor’s costs.