Consent or Dissent
If your neighbour intends to have building works carried out that involve alterations to your Party wall or excavations within 3 metres of your property, the Act requires that you are given due notice of the proposals and that agreement as to the execution of the works is in place prior to their commencement.
If you have received a Notice about proposed works your neighbours plan to carry out to their property, you are required to respond in writing within 14 days from the date on the Notice. If you would like Help or Advice in responding to any Notice served, please contact us.
There are two main ways you can respond:
Consent to the Notice
If you are going to consent to your neighbours’ proposed works, without a Party Wall Award being produced, we recommend you do so on the basis of having a Party Wall Agreement put in place.
It is a document agreed between the person wishing to complete the work and their neighbours.
The purpose of the agreement is to provide both parties with a written detailed framework of the proposed works. It also includes a Schedule of Condition.
We do advise our clients who consent to a Notice to request that a Schedule of Condition be undertaken by a Surveyor, who will produce a record of the current condition of the adjacent areas prior to works commencing so that in the unlikely event of damage being caused it can be easily identified. The Agreement fee should be paid by the party proposing the building works.
Dissent to the Notice
If you are concerned that the proposed works may adversely affect your property and thus dissent to the Notice, a Party Wall Award would be required before the work could start.
It is a fair and impartial report, prepared by the Surveyor which will deal with the right to execute the party wall works, the time and manner of executing the work, and any other matters that arise between the parties concerned.
Dissenting to the Notice is not a tool to delay or stop the proposed works.
You may concur on an Agreed Surveyor or each appoint an Independent Surveyor:
– appointed by both parties, by the Building and Adjoining Owner, and is required to act impartially to administer the rights and duties of both owners. The process can be quicker and more cost effective.
You may appoint an independent Surveyor of your choice. Your Surveyor’s reasonable fees in all normal circumstances will be met by the Building Owner.
Not responding will not delay the proposed works.
If no response is received by the Building Owner within 14 days a further follow-up “Ten Day Notice” will be served stating that the parties are now deemed to be in dispute and a Surveyor must be appointed.
If no written response is received a Surveyor will be appointed for the Adjoining Owner by the Building Owner’s Surveyor under Section 10(4) of the Act.