What is an Adjoining Owner?
The legislation definition of an adjoining owner means any property owner of land, buildings, floors or rooms adjoining the Building Owner or within specific distances mentioned in section 6.
Adjoining Owner’s Surveyor
If you are a neighbour affected by building works, you can authorise one of the inspectors on our panel to represent you. A thorough evaluation of your neighbour’s plans will be performed followed by instructions regarding how your property stands under the Party Wall Act 1996.
Is your Neighbour Planning Building Works?
Has your neighbour started or got plans to perform any of the notifiable works listed in the Party Wall notice? Your neighbours must serve you with a Party Wall Notice before starting any of the notifiable works such as the following:
- building extensions to the back, front, sides or loft space;
- conversion of a basement, garage or loft;
- underpinning;
- any alteration of a shared wall, ceiling or floor;
- roofing or work on chimneys;
- erecting independent walls or shared walls which reach boundary lines;
- digging foundations within distances of 3 or 6 metres from your building.
Is it worth Disputing the Party Wall Notice?
Under The Party Wall etc. Act 1996, Adjoining Owners obtain rights which they would not receive through standard common law principles. Adjoining Owners who disagree with proposed works from Building Owners gain several main benefits such as the following:
- receiving input about the construction details/schedule by professional inspectors;
- protection for damages (i.e. compensation); and/or
- they may obtain security funds for risky works in case the project is not properly completed and their property needs to be made safe (e.g. securing open trenches).
The London Party Wall Surveyor assists Adjoining Owners through every aspect of Party Wall issues and provides services upon appointment.
What to do if receiving a Party Wall Notice from Neighbour?
You need to make an informed decision about the party wall proposals within 14 days after receiving the Notification under the Party Wall etc. Act 1996.
Your response must be in writing. Whether you consent or dissent depends on the work scope complexity of your neighbours’ projects together with your assessment of potential damages to your property.
The 14-day waiting period ends without a commercial or residential Party Wall Surveyor London appointment or proper response from you.
What happens if I do not Respond to the Party Wall Notice?
Then, a 10-day notice will be served on you.
It will state that, as you have not responded or appointed an inspector, a dispute is “deemed to have arisen” and you must now appoint a commercial or residential party wall surveyor.
The expiration of this 10-day period without your response allows the Building Owners to appoint an inspector on your behalf unless you do so during this additional window.
What do I do if my Neighbour starts Works without serving Party Wall Notice?
Such incidents happen too frequently today. Building Owners often remain uninformed about the Act or they turn a blind eye to its existence. If you encounter this problem, we recommend that you immediately reach out to us for the proper advice.
I do not want my Neighbour carrying out Building Works. Can I stop them?
No. The Party Wall etc. Act 1996 is facilitative. This piece of legislations functions as a Party Wall Dispute Resolution London structure that helps neighbours avoid undertaking costly court battles to conduct their building operations.
A few Adjoining Owners attempt to stop Party Wall procedures by disregarding notifications issued by Building Owners. According to the Party Wall etc. Act 1996 the Adjoining Owners must reply to a Notice within specified periods and if they fail to do so Building Owners can appoint an experienced Party Wall Surveyor London professional to engage the process Explanatory Booklet (PDF) .
If I Dissent to the Notice, will my Neighbour incur Costs?
Technically, yes, but this is often worthwhile for both parties.
Building Owners who desire works to be carried out to their own property will generally pay the costs needed to obtain a Party Wall Award. Various circumstances within this scenario warrant London party wall surveyor involvement, particularly if the works are sensitive.
All parties should initiate construction work with honourable motives, as they should never intend to harm a neighbouring property. Reality shows that construction work leading to damages is an inevitable occurrence. You will then need professional assistance to file claims about disputed damage.
A Party Wall Award agreement cost would be small, relative to the expense of the building project and/or court action. It is therefore a cost-effective way to ensure you avoid falling out with your neighbour whilst protecting your property interests.
Otherwise, court proceedings would endanger friendly relations and incur costs against you and your neighbours.
What is an Agreed Surveyor?
A surveyor who acts for both the Building Owner and Adjoining Owner.
As per the Party Wall Act, Adjoining Owners can think about appointing the same inspector as the Building Owner’s. This way, you would then have one Agreed Surveyor for completing simple works and keeping costs down, which Party Wall Surveyor London can organise for you.
