Adjoining owner
Consent or Dissent
If your neighbour intends to have building works carried out that involve alterations to the party wall, building a new wall up to a boundary or undertaking excavations within 3 metres of your property, the Act requires that notice(s) of the proposed works are served upon you and that agreement as to the execution of the works is in place prior to their commencement.
If you have received a Notice of proposed works your neighbours plan to undertake, you are required to respond in writing within 14 days from the date of service of 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
Consenting to a party wall notice means you do not want a surveyor(s) to attend and assess the potential impact that the proposed works may have on your property.
When adjoining owners consent to a notice they are trusting the building owner’s contractor to undertake the works using appropriate methods to mitigate risks of damage to the adjoining owners’ property.
If an adjoining owner is going to consent to a notice we recommend that a Photographic Schedule of Condition is undertaken, which forms a record of the current pre-works condition of the adjoining owner’s property and adjacent areas prior to works commencing so that in the unlikely event of damage being caused or claimed, the matter can easily be resolved between the owners or by their appointed surveyor(s) in case of a dispute between the owners over liability for damage or level of compensation etc.
Dissent to the Notice
Dissenting to a notice means that you would like surveyor(s) involved in the party wall process. Both owners can concur on the appointment of a single surveyor or the owners can appoint a separate surveyor each. Once appointed, the surveyor cannot be fired or removed from post. The surveyor(s) should act impartially and they are not working for either owner. The appointed surveyor’s role is to resolve matters in accordance with the Act and any associated case law. Appointed surveyors attend the properties, assess the works and structures, drain locations, topography etc. and record the pre-works condition of the adjoining owner’s property. The surveyor(s) write and serve an award upon the owners that specifies the rights and responsibilities of the owners. The construction methodology is often specified so that work is undertaken in a way to mitigate the risk of damage. Working hours, protection measures, types of tools to be used, CCTV sewer surveys, compensation and other necessary provisions are included within an award. Once an award is served upon the owners, its contents are binding upon the owners if the award is not appealed within 14 days of its service.
You may concur on an Agreed Surveyor or each appoint Separate Surveyors:
Agreed Surveyor
A single surveyor may be appointed by both you and the building owner. The process can be quicker and more cost-effective.
Separate Surveyor
You may appoint a separate Surveyor of your choice. The adjoining owner’s Surveyor’s reasonable fees in normal circumstances will be met by the building owner.
Please note:
If no response is received by the Building Owner within 14 days of the service of notice a further follow-up “Ten Day Request” will be sent advising that a deemed dispute has arisen and requesting that the adjoining owner appoints a Surveyor within the next 10 days.
If no written response is received, a Surveyor may be appointed on behalf of the Adjoining Owner by the Building Owner under Section 10(4) of the Act.