ADJOINING OWNERS

Are you aware that your neighbour plans on starting building work in the near future? Are you worried about the planning applications that have been submitted by your neighbours?

Are the works being carried out from the list below?

• Underpinning
• Conversion of basement, loft or garage
• Roofing works, including to a chimney
• Evacuating and casting foundations within 3 or 6 metres of an adjoining building
• Alterations, demolition or even repairs to a wall, ceiling or floor shared with another property
• An extension no matter if rear, side or loft
• Building a wall up-to or astride the boundary with a neighbouring property

Well by law your neighbour is required to serve you with a Party Wall Notice, BEFORE commencing any of the above works.

The Party Wall etc. Act 1996, provides you with statutory protections not laid out in any other legislation. You are entitled to dissent to the Building Owners proposed works, it allows you some say over how the works will be carried out, how any damage is rectified and if necessary even allows for escrow protection in case something goes wrong.

At Party Wall Pro we can advise you the Adjoining owner on party wall matters, we accept appointments as YOUR appointed surveyor.

WHAT DO I DO IF I SUSPECT MY NEIGHBOUR IS ABOUT TO START WORK AND I HAVEN’T HAD A NOTICE?

This occurs more often than anyone would like, sometimes it’s because no one has informed them of the act, sometimes they’ve been told by contractors to ignore the act

In this situation, i.e. you’ve had planning information but no notice etc. our advice would be to act quickly contact us to discuss your options.

CAN I USE THE PARTY WALL ACT TO STOP THE WORKS?

No. The Party Wall etc. Act 1996 is a facilitating piece of legislation. This means that the act is a process to settle dispute to prevent neighbours needing to go to court to undertake building work.

It’s also prudent to point out that simply ignoring the Notice will not make this go away, there is defined timescales for reply form Adjoining Owners and if you ignore these timescales the act legally allows Building Owners to make an appointment on your behalf so that the process can continue, furthermore ones this appointment is made it cannot be rescinded by you even if you then decide you want to respond, you will have to work with the Appointed Surveyor.

I GET ON WELL WITH MY NEIGHBOUR, I DON’T WANT TO COST THEM ADDITIONAL MONEY BY DISSENTING

If your neighbour (Building Owners) wish to undertake works for their sole benefit, it is common that the Building Owner would have to pay all reasonable costs involved in agreeing any Party Wall Award. Now one thing to consider is that the Act allows for reasonably cheap protection and deals with disputes in a very cost effective way, the alternative which is the legal system if something does go wrong is costly and more than likely going to strain even the best neighbourly relationship.

You also have to look at the fact the cost of an award is going to be very small in relation to the proposed building works.

We are able to work as an agreed surveyor and if this is agreeable to both parties would be one way in you could reduce the financial burden on your neighbours.

HELP I WANT TO DISSENT BUT CAN’T AFFORD OR DON’T WANT TO PAY FOR A SURVEYOR

Well the general consensus is that if the building owner(s) are undertaking work that is solely for their benefit then they will pay all reasonable costs in regard to agreeing on a Party Wall Award.

You are entitled to your own surveyor (Adjoining Owners Surveyor) and they will usually have to pick up the costs in some cases if agreeable with all parties Home Heroes can work as an Agreed Surveyor