A Commercial or Residential Party Wall Surveyor London expert aims to solve disputations between neighbours regarding different Notices they have received.
The inspectors must follow the requirements outlined in the Party Wall Act to ensure building works take place safely while also eliminating unnecessary disturbances for neighbour residents.
Party Wall Surveyor London professional duties are quasi-judicial and are similar to arbitration duties, as they make legal awards which settle disputes out of the Party Wall Dispute Resolution London service.
Under this statutory appointment, London Party Wall Surveyors must preserve their impartiality because they represent all owners equally while upholding the proper implementation of Act requirements in an effective and equitable manner.
Who is an Adjoining Owner?
An Adjoining Owner describes any person who owns land, buildings, or rooms adjacent to the building owner.
According to section 6 of the Act, a property will be considered adjoining if it stands within the specified distance (3-6 metres) even if it technically does not share a border.
Under the Act’s definition, an Adjoining Owner may consist of a freehold owner or a leasehold owner or various other parties that hold ownership rights to adjacent land.
Who is an Adjoining Owner’s Surveyor?
This is the surveyor appointed by the Adjoining Owner.
A duty exists for Building Owners to independently notify every Adjoining Owner of each adjoining property according to the provisions of the Act.
If an Adjoining Owner dissents to the notice, they would have to appoint a commercial or residential party wall surveyor. They become known as the Adjoining Owner’s Surveyor.
Why the Party Wall Act Benefits Adjoining Owners
The main reason behind introducing the Act involves promoting property development activities whilst safeguarding neighbours.
Inspector involvement in projects enables the Building Owner to continue their works following neighbour notification. However, Adjoining Owners possess the ability to instruct inspectors to guide the Building Owner’s project schedules and construction methods.
A Building Owner also bears legal responsibility for restoring all damage from his construction work on behalf of their contractor.
Under the Act, any person exercising their rights can not be blocked; however, you can manage the scope of work together with its timing.
Responding to a Party Wall Notice as Adjoining Owner
You need to give a written response whenever you get notice from your neighbour within 14 days of its delivery.
This involves two options: you can consent to the plans without a surveyor or you can choose to dissent against them and appoint a surveyor. Most adjoining owners dissent for safety reasons because it means they receive Party Wall Advice London consultation from their inspector.
The procedure outlined in Section 10 of the Act applies if you are concerned about the works and want to appoint a surveyor to represent your interests.
Failing to Respond to a Notice as Adjoining Owner
Failing to reply to a Building Owner notice regarding existing party structure or excavation works will result in their assumption that you are in dispute.
The Building Owner retains the right to appoint a second surveyor on your behalf when you fail to participate in Party Wall Dispute Resolution London services or refuse Agreed Surveyor selection in respect of notifiable works.
Consenting to Works as Adjoining Owner
Your rights remain undisturbed if you choose to agree with the construction works mentioned in the Building Owner’s notice, but you will not have a surveyor to safeguard your interests under the Act.
The agreement signals only that no current disagreements exist about the planned works. The Party Wall Dispute Resolution London process can become active if you are unable to resolve a later dispute even after you have consented.
What Rights do Adjoining Owners Have?
Rights belonging to Adjoining Owners include:
- appoint a London surveyor to handle any relevant disagreement which arises;
- protect their property against foreseeable damage and maintaining their security;
- receive compensation if works lead to property damage; and
- security for expenses paid into escrow before works begins in case work stops at an inconvenient point.
Notice Period for Adjoining Owners
In advance of the works, your neighbour needs to give you notice when conducting any construction work that falls under these specified categories:
- two months’ notice when performing building work on a wall that they share with another property under section 2 of the Act;
- one month notice for the construction of a free standing wall which reaches the boundary under section 1 of the Act; and
- one month notice before starting excavation work near another building under section 6 of the Act.
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Notice Period for Adjoining Owners
What are my Options When Receiving a Party Wall Notice?
Receiving a notice about intended work leads an adjoining owner to follow these options:
- give written agreement to planned projects without a surveyor
- reject proposed works through the Party Wall Dispute Resolution London process under Section 10 of the Act and appoint a surveyor.
- do nothing and a dispute will be deemed to have arisen anyway, but that a surveyor will be appointed for you by the Building Owner.
So, a dispute automatically emerges whenever the person who receives the notice fails to take any action within fourteen days from the notification date.
Regardless of whether consent has been granted, the building owner still maintains their responsibilities under the Act specifically to prevent unnecessary disruption and to offer temporary protection for adjoining buildings. However, it is wise to appoint a surveyor from the outset in order to limit the risk of potential problems happening later.
What Happens if I Do Not Respond to a Line of Junction Notice?
If you do not respond to a notice about a new wall being built up to or astride the line of junction, the work can commence after the one month notice period but the wall can not be built astride the legal boundary without your consent. The Building Owner must build the wall entirely on his/her own land.
What Happens if I Do Not Respond to a Party Structure Notice?
If you do not respond to a notice about work to an existing party structure, party wall or party fence wall, the Building Owner will still be permitted to conduct works described under section 2 of the Act, but a surveyor will still need to be appointed to make a party wall award.
What Happens if I Do Not Respond to an Excavation Notice?
If you do not respond to a notice about excavations within 3 or 6 metres of your foundations, the Building Owner will still be permitted to conduct works described under section 6 of the Act, but a surveyor will still need to be appointed to make the Party Wall Award London document.
What are Counter-Notices?
An adjoining owner who gets notified about planned work has the chance to issue a counternotice, which describes additional or modified tasks for their own benefit. The counternotice must be served within a month of receiving the original notice.
What do I do if my Neighbour has not served me with a Party Wall Notice?
According to the Act, you have the right to safeguard your property and should therefore contact your neighbour about your problems.
Appointing a surveyor as your representative is another right you hold under the Act. Getting in touch with our panel of inspectors will provide you with the guidance you need about the process since you feel unsure or anxious.
What do I do if my Neighbour has already Started Works and has not serve me with a Party Wall Notice?
The Act does not give specific procedures to enforce service of notices. You can legally demand a halt to works that your neighbour or their builder starts without complying with proper notice procedures through court injunctions or alternative legal remedies. Any actions to enforce service of notice should be pursued under professional guidance and it is better to follow our Party Wall Dispute Resolution London service, which your inspector will engage with you on.
