Party Wall Surveyors

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What rights do Adjoining Owners have?

Adjoining Owners' rights include the right to:
Appoint a surveyor to resolve any dispute;

Require reasonably necessary measures to be taken to protect their property from foreseeable damage and for their security;
Not to be caused any unnecessary inconvenience;
Be compensated for any loss or damage caused by relevant works;
Ask for security for expenses before you start work under the Act so as to guard against the risk of being left in difficulties if you stop work at an inconvenient stage.

What does the Party Wall Surveyor do?

The term "surveyor" under the Act can include any person who is not a party to the matter. This means that you can appoint almost anyone you like to act in this capacity.

However, the person should not have already been engaged to supervise the building work. The surveyor should also have a good knowledge of construction and of procedures under the Act. You cannot however act for yourself. Some people are obviously more suitable than others. You may wish to look for a qualified building professional with some experience or knowledge of party wall matters. The surveyor (or surveyors) will settle the matter by making an "award" (also known as a "party wall award").
This is a document which:
sets out the work that will be carried out says when and how the work is to be carried out (for example to limit continuous periods of time when excessively noisy work can be carried out);
specifies any additional work required (for example necessary protection to prevent damage);
often contains a record of the condition of the adjoining property before the work begins (so that any damage to the adjoining land or buildings can be properly attributed and made good);
allows access for the surveyor(s) to inspect the works while they're going on as may be necessary (to see that they are in accordance with the award).

What do I do if I receive a Party Wall Act notice from my neighbour?

A person who receives a notice about intended work may: give his consent in writing, or refuse to consent to the works proposed (the dispute resolution procedure, in accordance with Section 10 of the Act, or do nothing

If you receive a notice from your neighbour you should reply to it in writing within 14 days of receiving it. You do not need to appoint a professional adviser to respond to the notice on your behalf. You can consent to or disagree with what is proposed.
If, after a period of 14 days from the service of your notice, the person receiving the notice has done nothing, a dispute is deemed to have arisen.
If you disagree with the proposal, and cannot resolve the matter between yourselves, the procedure for dealing with a dispute Under Section 10 of the Act must be followed.
If you do not respond to a notice about an intended new wall built up to (but not astride) the line of junction, the work can commence after the one month notice period.
If you do not respond, in writing, within 14 days to a notice about an intended new wall built astride the line of junction (a party wall), the Building Owner must build the wall entirely on his own land.
The work can commence after the one month notice period.
If you receive a notice about work to an existing party structure, or a notice about excavations within 3 or 6 metres of your foundations, and you have not responded, in writing, within a period of 14 days from receipt of the notice, a dispute is deemed to have arisen.
The dispute procedure is resolved in accordance with Section 10 of the Act. If you disagree with the work described in a notice under the Act it may be helpful to explain why.
The Building Owner can then consider your objection and perhaps amend his proposal. Agreement might then be reached, without the need to use the formal dispute resolution procedure.
It should be noted that where consent is given, the building owner is not relieved of his obligations under the Act, for example to avoid unnecessary inconvenience or to provide temporary protection for adjacent buildings and property where necessary.
The notice of consent is simply confirmation that, at that time, there is nothing ‘in dispute’. Should a difference arise at a later date (for example in respect of damage caused) the procedure in accordance with the Act, then comes into play.

Can the Act be used to resolve a boundary dispute?

No. The Act does not contain any provision that could be used to settle a boundary line dispute.

Such disputes can be resolved through the courts or through alternative dispute resolution procedures (which may be simpler, quicker and cheaper), for example mediation, decision by an independent expert or arbitration.

What does the Act say about Notice period, if my neighbour wants to carry out the building works?

If your neighbour intends to carry out building work which involves one of the following categories; they must notify you in writing before they start work.

- work on an existing wall or structure shared with another property (section 2 of the Act) – Two Months’ Notice
- building a free standing wall or a wall of a building up to or astride the boundary with a neighbouring property (section 1 of the Act) – One Month’s Notice
- excavating near a neighbouring building (section 6 of the Act) – One Month’s Notice

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