Adjoining Owner - Assistance.....
This issue happens all the time and its normally one of two reasons;
1. Your neighbour does not know there is a Law to protect you which must be complied with.
2. Your neighbour knows about the law but decides to disregard it.
We can help instigate your neighbour in serving the required notices if required. Please ask.
You are completely at liberty to agree to the building owner's notice and need to reply giving your authority to proceed in writing within 14 days of the notice.
A fully detailed 'condition' survey including Laser Level report, for future reference to justify any claims once the building work is complete.
In normal circumstances all costs for the 'Party Wall Award' including the costs of the surveyors are paid by the building owner.
To have this security it is simply a matter of dissenting to the notice at which point a dispute shall be deemed to have arisen between the parties. This can be done by serving a 'dissent notice' or simply not replying.
Party Wall Surveying Limited offer a free service in correctly wording your reply to a notice as your appointed Party Wall Surveyor, preparing, serving and receiving notices on your behalf as necessary under the Act and to make any appointments needed on your behalf.
At the point both parties appoint a Party Wall Surveyor. It is possible to have just one Party Wall surveyor called the 'Agreed Surveyor' or if both parties appoint a surveyor (which is recommended) these 2 surveyors must in turn select a third surveyor to act as a referee should there be a dispute between the two surveyors.
Once everything is in order, the surveyor(s) normally visit, listen to both parties, carry out a 'condition survey' of your (the adjoining owner's) property to make sure any damage which occurs from the proposed building work can be proven and allow for rectification or compensation.
The surveyor (jointly if 2 surveyors) draft an 'Award' which takes into account the way the work should proceed with minimum inconvenience to the adjoining owner and confirms the details for any compensation and costs.
The Award is then served on both parties at which point there is 14 days period to appeal the award by both parties.
The building owner can commence the work immediately the award is served although it is wise to wait for the 14 day appeal period.
CLICK HERE We have attached a copy of the Party Wall etc. Act 1996 together with the Department of Communities and Local Government explanatory booklet giving full information on how the Act can assist both parties where the building work takes place on the party wall, on or up to the 'line of junction' or excavations near to the party wall.