Adjoining Owner Surveyor

When you share a boundary with another property owner, it’s essential to understand your rights and responsibilities under the Party Wall Act 1996. Our team of experienced party wall surveyors specializes in giving expert advice. They give this guidance to owners like you. Let’s delve into the details of the party wall process and how our chartered surveyors can assist you every step of the way.

Understanding the Party Wall Act

The Party Wall Act 1996 is a law. It governs construction work that affects shared walls, boundaries, and structures between neighbouring properties. It focuses on land adjacency issues. As an adjoining owner, you must learn the Act’s provisions. They protect your interests when your neighbour plans building works. Get advice from adjoining owners.

Your Rights as an Adjoining Building Owner

As an adjoining owner, you have certain rights under the Party Wall Act, including the option to appoint an agreed surveyor. Your neighbour plans building works that may affect your property. They must serve you a party wall notice, for actions involving adjoining storeys or rooms. This notice should describe the proposed works. It should give you the chance to respond within 14 days. This is part of the party wall advice process.

Appointing a Surveyor

Upon receiving a party wall notice, you have the option to appoint a surveyor to represent your interests. This surveyor is called an adjoining owner surveyor. They will review the proposed works and ensure that your rights are protected. They do this, especially when the works are within 3 or 6 meters of the property line. Alternatively, you may choose to concur with the appointment of a surveyor. The surveyor was jointly appointed by both parties and is known as an agreed surveyor.

Resolving Disputes

Disputes arise between building owners and adjoining owners. Surveyors play a key role in solving these conflicts. If you disagree with the proposed works or the terms of the party wall notice, your surveyor will work to negotiate a fair resolution. They will use their expertise in dissent and agreement under the Party Wall Act. In some cases, a party wall award may formalize the agreement. Surveyors issue it to ensure fairness. They act impartially for both parties.

Importance of a Schedule of Condition

Before construction starts, you must check your property’s condition with a schedule of conditions. This is especially important for notifiable works on a party wall. This document records the current state of your property, including any existing defects or issues that may impact the adjoining owner’s property. A schedule of conditions serves as vital evidence in the event of damage claims arising from the construction works.

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What to do When You Receive a Party Wall Notice?

If you have received a notice, it’s essential to take prompt action to protect your interests as an adjoining building owner. Within 14 days, the adjoining building owner must appoint a surveyor to represent their interests. Often adjoining owners will prefer to have their own surveyor to asses the condition of their property and serve a party wall award or any legal document. It’s advisable to seek advice from adjoining owners from a qualified party wall surveyor familiar with the Party Wall Act. By appointing your own surveyor, you ensure that your rights are protected throughout the party wall process like serving party wall awards and avoiding unnecessary inconvenience.

What Comes Next When You Served a Party Wall Notice

Once you’ve received a party wall notice, the next step is to appoint a party wall surveyor to represent your interests. The surveyor acting for the adjoining owner will review the proposed works and ensure that your rights are protected. Surveyors come in to advise adjoining owners and have a party wall agreement between both parties. They will liaise with the building owner’s surveyor to reach an agreement and, if necessary, issue a party wall award. The surveyor fees are typically paid by the building owner, but as an adjoining owner, you have the right to appoint your own surveyor to act on your behalf.

Contact Us

If you’ve received a party wall notice or have questions about your rights as an adjoining owner, don’t hesitate to contact us for specialised party wall services for all party wall matters. Our team is here to provide expert advice and guidance, ensuring that your interests are protected throughout the party wall process, and addressing concerns about notifiable works and dissent. Reach out to us today to schedule a consultation and learn more about how we can assist you with your party wall etc matters.

FAQs

What is an adjoining owner under the Party Wall Act?

An adjoining owner is any individual or entity that owns land or buildings adjacent to a building owner proposing notifiable works under the Party Wall etc. Act 1996. This includes freeholders, leaseholders, and long-term occupiers.

What rights do adjoining owners have under the Party Wall Act?

Adjoining owners have several rights, including:

Receiving notice of proposed works.
Appointing a surveyor to facilitate dispute resolution.
Requesting necessary security measures to safeguard their property.
Avoiding unnecessary inconvenience.
Seeking compensation for any damage caused by the works.

What happens if the adjoining owner does not respond to the Party Wall Notice?

If the adjoining owner does not respond within 14 days, it is assumed they are in dispute. This triggers the need for both parties to appoint surveyors to create a Party Wall Award, which is a legally binding document outlining the specifics of the works and safeguards to minimize risk and inconvenience.

What should an adjoining owner do if no Party Wall Notice is served but works commence?

If works commence without a Party Wall Notice, the adjoining owner should contact a party wall surveyor for advice. They might need to write to the building owner or potentially seek an injunction to halt the works until a Party Wall Award is agreed upon.

Who pays for the surveyor’s fees?

Generally, the building owner pays all reasonable surveyor fees for the adjoining owner. However, if the works benefit the adjoining owner, they might be responsible for part of the costs. Examples include repairs to party structures or the construction of new party walls.