Are you an Adjoining Owner?

An ‘Adjoining Owner’ owns (or occupies with a tenancy of greater than a one year) land, buildings, storeys, or rooms that are in close proximity to the proposed works.

---

First Steps – Recevcing Notice(s)

The first step of the process is for the Building Owner to serve you with a 14-day notice(s) as required based on the notifiable works as outlined within the Act. The notice(s) informs you of your intentions to complete works and detail each area of the act that would be applicable. Each section of the Act has a pacific notice period in which must be followed prior to building works commencing, works can commence before this time subject to your agreeance.

Having received the 14-day notice from the Building Owner, you have three options in which you can select:

Option A – Consent

You may consent to the works, in which case, you would simply sign and return the notice in agreeance to the works as proposed.

Although not a requirement under the said Act, I would advise that a Schedule of Condition is to be prepared, prior to the commencement of the works.

A Schedule of Condition Report involves a surveyor visiting an adjoining owner’s property prior to the building owner’s construction work commencing.  A surveyor would then prepare a thorough report which fully confirms the condition of the property and all elements within it. This report then acts as a record of proof for the condition of the property in advance of the construction works commenced.

A Schedule of Condition Report is one of the key parts of the construction process and as a result, we recommend them in all cases. The Schedule of Condition Report not only adds clarity to a potential damage claim but also avoids a potential dispute between the respective property owners, thereby ensuring that no strain is put on the all-important neighbourly relationship.

Please note, by signing a notice in agreeance, this does not waver your rights under the Act in the unlikely damage is occurred to your property. Should a future dispute arise as a result of the works, the appointment of a surveyor(s) under section 10 (1) of the Act can still be applied.

All such costs for completion of a Schedule of Condition would be payable by the building owner proposing the works

Option B – Dissent / Appoint Agreed Surveyor:

You may dissent to the works and therefore must appoint a surveyor in accordance with the Act. This surveyor may be one of us, as the ‘Agreed’ Surveyor, who will act impartially and prepare all the necessary documents.

The Agreed Surveyor is an independent, third-party who acts for both parties. This response allows one surveyor to represent both owners’ interests thus keeping costs down expediting the process and avoiding any delays to your works. As the jointly appointed Agreed Surveyor, we have a duty under the Party Wall, etc. Act 1996 to act impartially to protect both owners’ interests. This option does not prevent the proposed works from proceeding ahead but does require the obligation of a Party Wall Award/agreement to be prepared and agreed upon prior to any notifiable works commencing

I list below the service in which a surveyor would undertake (but not exclusively) under the Act:

• Review of the drawings in relation to the Act. 
• Conduct HM Land Registry searches for each party.
• Serve any additional Party Wall notice to Adjoining Owner(s).
• Conduct the relevant schedule of condition survey/inspection of your Adjoining Owners property.
• Produce Party Wall awards and serve to each party.
• Conduct final inspection upon completion of the works to confirm no damage has occurred.

The reasonable costs of the surveyor (s) would be included within the award and be payable by the building owner proposing the works

Option C – Dissent / Appoint My Own Surveyor:

You may dissent to the works and, therefore, must appoint a surveyor in accordance with the Act. This surveyor may be of your own choice, who will again act impartially working jointly with the building Owner’s surveyor in carrying out a schedule of condition survey and drafting and serving a party wall award; very much the same progress as outlined above in option b. 

In addition, the selection of a third surveyor is also agreed upon by the two surveyors as part of this process in accordance with section 10(1)b of the Act. Either of the parties or either of the surveyors may call upon the Third Surveyor to determine any disputed matter.

Again, the reasonable costs of the surveyor (s) would be included within the award and be payable by the building owner proposing the works. 

What Happens I don’t reply or miss the 14-day notice period?

If no response is received within the 14-day notice period, in such instances, as defined in Party Wall, etc. Act 1996, the Building Owner’s surveyor must serve a 10-day notice to the Adjoining Owner advising that under the Act, a dispute has deemed to have arisen, and therefore request that they appoint a surveyor within the next ten days or under Section 10(4)(b).

We would also advise Building Owners to be mindful their the neighbour may have not responded as they were either away or simply caught up with day-to-day life, and providing they respond within the 10-day period, they still will have the option to respond and select any of the options as listed above.

If you however fail to respond within the 10-day notice, the building owner’s surveyor will appoint a Surveyor on the Adjoining Owner’s behalf. In this instance, once the Adjoining Owner’s Surveyor has been appointed, the progress would revert back to option 3, and the Building Owner’s Surveyor would proceed to make the relevant Party Wall Award with the appointed Adjoining Owner’s Surveyor.