Q&A - for building owners

I have received a Party Wall Notice, what are my options as an Adjoining Owner?

Consent to the Notice

This option means that you agree to the proposed works without a Party Wall Award being required. You are still protected by the Party Wall etc Act 1996 should a dispute arise.

We always advise that if you Consent to the Notice, that you do so subject to a Schedule of Condition being undertaken, as this will record the condition of the affected Party Wall prior to the work commencing.

Dissent to the Notice

This option means that you would like a Party Wall Award to be agreed prior to works commencing. A Surveyor will need to be appointed to act on your behalf to agree the terms of the Party Wall Award. The Surveyor’s reasonable fees will normally be paid by the Building Owner.

If you dissent, you have two further options:

• Use the same Surveyor as the Building Owner (Agreed Surveyor)

•Appoint your own Surveyor (Adjoining Owner Surveyor)

Agreed Surveyor

If you choose to use the same Surveyor as the Building Owner, The Party Wall etc Act 1996 is devised in such a way that a Surveyor appointed by both parties is required to act impartially to administer the rights and duties of both owners.

Adjoining Owner Surveyor

You may prefer to appoint your own Surveyor to act of your behalf.

Dissenting to the Notice does not mean that you disagree with the proposed works, only that you would like a Party Wall Award to be agreed prior to works commencing. If you disagree with the proposed works, you should contact your Local Planning Authority. Not responding will not delay the proposed works.

Is there anything I can do about the construction noise coming from next door?

Unfortunately, as an Adjoining Owner / Occupier, you are expected to tolerate “reasonable disturbance”, however the Building Owner also has a responsibility to conduct their works without causing unnecessary inconvenience. The works must be completed within the terms of the Party Wall Award as well as health and safety legislation, and environmental protection laws, pre-agreed working hours, machinery to be used etc. If you suffer a quantifiable loss as a result of such works, you may be eligible for compensation, e.g. if the affected property is a business and customers can no longer enter.

Who pays the Party Wall Surveyor’s fees?

The Building Owner will usually pay all costs associated with drawing up the Award. If the works are solely for the benefit of the Building Owner, this also includes the Adjoining Owner’s Surveyor fees.

However, there are certain circumstances where the work is necessary due to defect or repair where the Surveyor may decide who pays the fees for drawing up the Award. This will be based on the responsibility of the defect / repair.

Do I have to allow my neighbour’s contractors onto my property?

Yes, under the Party Wall Act an Adjoining Owner cannot prevent the works by denying access.

If work works cannot be completed any other way, you are required to grant access. However, the Building Owner must provide appropriate notice (normally 14 days), unless it is an emergency e.g. a burst pipe.

What can I do if my neighbour is building but hasn’t informed me about any work taking place?

Where major work is being undertaken that affects a party wall or adjoining structure, it is a legal requirement for the Building Owner to seek consent from the Adjoining Owner.

If Notice of the works has not been provided, you may wish to take action to stop the works. This involves applying for an injunction from the County Court. It is important to take legal advice before taking this step, as if the judge finds that the Building Owner is not acting unlawfully you may be liable for any costs incurred as a result of the injunction, including the Building Owner’s legal fees and

Archway

Head of Reinvestment - Optivo