The main role of a Party Wall Surveyor London expert is resolving disagreements that neighbours have about London Party Wall Notices they received.
The London inspectors need to implement Party Wall Act requirements to begin construction work whilst minimising risk of damage and disturbance for neighbours.
The legal awards made by London Party Wall Surveyors during their duties perform as quasi-judicial activities. This is similar to arbitration, but within the context of Party Wall Dispute Resolution London services, which we organise for you.
Party Wall Surveyors London professionals need to maintain impartiality since their role is to represent both parties fairly in the implementation of Act requirements.
Who is a Building Owner?
The Act considers Building Owners as those who own a property and are proposing to carry out works under the Party Wall etc. Act 1996.
All persons who might be impacted by construction work under the Party Wall Act need to receive prior notification from you. You must keep Adjoining Owners informed about any notifiable work plans.
Who is a Building Owner’s Surveyor?
This is the surveyor appointed by the Building Owner.
There is a duty 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, known as the Adjoining Owner’s Surveyor. Moreover, you would also have to appoint a surveyor for yourself and they would be known as the Building Owner’s Surveyor.
Preferably, both the Adjoining Owner and Building Owner appoint an Agreed Surveyor (joint instruction).
Why the Party Wall Act Benefits Building Owners
The Party Wall etc. Act 1996 establishes a legal framework that protects adjoining owners along with their property while building operations continue and limits the inconvenience they face during development activities.
The Act enables the Building Owner to conduct their works following neighbour notification. However, the affected neighbours possess the ability to instruct inspectors to guide project schedules and construction methods of the works.
A Building Owner still bears legal responsibility for restoring all damage from their construction work, even though their contractor might have performed the operations competently.
Your exercise of rights remains unchanged even after neighbours become affected; however starting development before notifying under the Act can make adjoining owners seek legal nullification through injunctions or alternative measures.
FAQs for Building Owner
What is the Building Owner’s Duty under the Act?
When required the Building Owner has to:
- Implement temporary safeguards for neighbouring structures and properties.
- Avoid creating excessive harassment for people during construction activities.
- Compensate for any damage caused: either pay in cash or restore the property to its initial condition when requested by the Adjoining Owner.
- Contribute to party wall work that requires maintenance or repair due to existing defects or maintenance issues with equal proportions based on usage.
- Pay an enclosure fee where an Adjoining Owner is entitled to receive a fair payment if their party walls were initially constructed by them and the Building Owner connects.
How do I inform Adjoining Owners of my Project?
The delivery of Party Wall Notice London documents to neighbouring owners in writing is a requirement under the Act.
You should talk about your upcoming work details in full with the Adjoining Owners before beginning the written notice procedure. The Party Wall Notice London documents should then have a higher chance of quick approval from neighbours when they have previously addressed construction concerns with you.
When sending a notice, you don’t need to appoint an external professional for this but it is advisable to ensure you have done it correctly.
What is included in the Notice?
Your Party Wall Notice London document under the Act needs to contain these essential points:
- all joint owners’ names and addresses
- location of the construction site (your registered address should only be provided if it differs from the building site address)
- details on how you plan to complete the project
- project anticipated start date
- notice period described
- plans (drawings) attached to the notice, which should display the areas where excavation work will take place together with foundation specifications
- date stamp
- references to the Act provisions
How do I give Notice to Adjoining Owners?
Serve notice all adjoining property owners either:
- in person (place through the door, give the notice personally to someone on site or fasten it to an obvious area);
- by post (having proof of postage is helpful but not mandatory); or
- by email transmission (if the neighbour has provided an email address)
Specify “The Owner” if ownership remains unknown and the premises’ address.
How early can I serve Notice in Advance of the Planned Works?
There are different notice periods for notifiable works:
- two months for work to a party wall
- one month for building a new wall
- one month for excavation
An exception is if the Adjoining Owner gives express permission for works to start earlier.
Notices are valid for a year, so do not serve too far in advance and do not wait too long before commencing works.
What happens after serving Notice?
An Adjoining Owner receiving notice about intended works has the following options:
- Consent: agreeing to the works does not relieve a Building Owner of their obligations under the Act.
- Dissent: appoint your own surveyor or agree to appoint the same surveyor as the Building Owner (known as an Agreed Surveyor).
- Do Nothing: after 14 days, a dispute is deemed to have arisen and the Building Owner will serve a 10-Day Notice giving the Adjoining Owner time to appoint a surveyor of their own otherwise a separate surveyor will be appointed for them (it can not be an Agreed Surveyor unless the Adjoining Owner permits this).
What happens if I receive a Counter Notice?
If an Adjoining Owner receives a Party Wall Notice, they may serve a Counter Notice within 1 month which sets out the additional/modified work they would like to be carried out for their benefit (e.g. repointing their side of the chimney stack) including all particulars.
Ideally, the Adjoining Owner should still respond within 14 days in order to confirm whether they consent or dissent to the works. A Building Owner must also respond within 14 days of receiving a Counter Notice.
What do I do if my neighbour disagrees with the works?
A friendly discussion with your neighbour serves as the most effective approach to settle disputes to begin with. Anything you agree on needs to be in writing.
The Act allows you to resolve disagreements with fellow Adjoining Owners by jointly appointing an Agreed Surveyor to prepare an Award.
All inspectors chosen through the Party Wall Dispute Resolution London system under the Act need to represent both owners impartially in making the Party Wall Award. Leave it up to the surveyors to resolve disputes with your neighbours.
You inspector will make a Party Wall Agreement London document to settle the matter.
What if my surveyor does not agree with the other surveyor?
The task of inspectors includes finding fair solutions that are workable in neighbourly disputes.
When different owners engage their own surveyors, they need to work together with their instructing owners to submit options for agreement, as part of the Party Wall Dispute Resolution London service.
If the surveyors assigned by the owners fail to agree or the owners disagree with the surveyors, anyone can refer matters to the Third Surveyor, who is ordinarily selected by the Two Surveyors from the outset. This process does not apply if you have an Agreed Surveyor.
Upon referring matters to a Third Surveyor, he/she will make an award to settle the contention between inspectors and/or owners.
