Welcome to Party Wall Surveyors
Welcome to Party Wall Surveyors
Welcome to Party Wall Surveyors Association Free Call 0207 1180 039
              Welcome to Party Wall Surveyors Association                       Free Call 0207 1180 039

Adjoining Owners/Occupiers

Your competent partner for all types of construction projects.

Call us now on 0207 1180 039 Open 9-5 pm Monday to Friday.         

Email anytime: info@partywallsurveyorsassociation.com      

                                                                      

 

What are the rights of the Adjoining Owners?

 

Click Here to request a Quotation

 

Adjoining Owners rights include…

  • 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 to guard against the risk of being left in difficulties if you stop work at an inconvenient stage

Adjoining Owners should note that the primary purpose of the Act is to facilitate development. In return for rights to carry out certain works, the Building Owner (the person having the work done) must notify you in advance. The adjoining owner is made legally responsible for correcting any damage caused by carrying out the works, even if the damage is caused by his contractor.

 

What can I do as an adjoining owner?

 

You cannot stop prevent a building owner from exerting the rights provided to them by the Act, but you may be able to influence over certain areas for example when and at what times the work is done.

 

What does the Act say if my neighbour wants to carry out building work?

 

If your neighbour intends to carry out building work which involves one of the following categories:

  • work on an existing wall or structure shared with another property (section 2 of the Act)
  • 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) –
  • excavating near a neighbouring building (section 6 of the Act)
  • they must notify you in writing before they start work

 

What do I do if you receive a Party Wall Act notice from your neighbour

  1. If you receive a notice from your neighbour it is important that you respond in writing within 14 days. This can be from yourself personally and does not necessarily require a professional now. Included in the written correspondence should highlight whether you agree or disagree with the detail of the notice and the works that will take place within the future.

 

  1. 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.

 

  1. 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 explained in paragraphs 12 to 19 then comes into play.

Your written correspondence should explain the reasons for your disagreement. 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.

 

Advice for when a neighbour is about to start work and you have not received a Party Wall Act notice?

 

You should let your neighbour know (in writing) about the Act. 

 

The Act does not include any enforcement rules regarding a person’s failure to provide notice to an adjoining owner. However, you are entitled to seek an injunction through the court proceedings to attempt to stop the works being carried out. It is recommended to seek appropriate legal advice when this situation occurs.

 

Disputes

 

A dispute is when you do not respond to a notice from a Building Owner concerning work to an existing party structure or an excavation. In this situation and in the event of a dispute concerning a new wall at the boundary, if you refuse or fail to concur in the appointment of an agreed surveyor, or to appoint a surveyor of your own, the Building Owner will be able to appoint a second surveyor on your behalf so that the dispute resolution procedure can proceed without your co-operation

 

It is better when both owners agree on a way to move forward wherever possible. Your rights stay the same even if you agree to the works being carried out by the Builder Owners explained in their notice. Agreement refers to the notion that at this current point in time there is no dispute between you and the Building Owner. A dispute can arise later e.g. damaged caused to property. If this happens you are eligible to implement the dispute resolution procedure.

 

Contact/ communication issues with your neighbour

 

By hiring an agreed surveyor this allows for contact to be improved. In this situation is reduces the amount of surveyor fees and there is a mutual impartial party that can communicate elements on behalf of both parties.

 

Building Owners and access to your property

 

It is recommended that when agreed, to provide your neighbour access to your property even if the works being carried out is on their land. This allows for safety measurements to take place e.g. scaffolding and changes to wall structures that will be more aesthetically pleasing if access is granted.

 

What can you do to guard against the risk that the Building Owner leaving work unfinished?

 

If you as an adjoining owner believe there is a risk of work being unfinished an agreement of money or bond insurances. This would act as financial support to ensure that the work to be carried out will be within a timescale set and finished to the agreements put forward.

 

The money remains the Building Owner’s throughout, but if, for example, you need to have a wall rebuilt, you, or more commonly the surveyors, can draw on that security to pay for the rebuilding.

 

This provision is usually reserved for particularly intrusive or complex works.

 

What can I do if the building becomes unsafe?

 

Incomplete work may make a building unsafe and therefore dangerous. Any concerns about dangerous buildings should be raised with the local authority building control department.

 

Concerns about health and safety may also be raised with the local authority building control department or the Health and Safety Executive (HSE).

 

Noise and work being carried out by the Building Owner

 

You should contact your local authority environmental department who have powers under the Environmental Protection Act 1990 and the Control of Pollution Act 1974 to deal with matters of noise and other potential nuisance, such as dust and deposits from construction sites.

Any Questions? 

 

Your competent partner for all types of construction projects.

Call us now on 0207 1180 039 Open 9-5 pm Monday to Friday.         

Email anytime: info@partywallsurveyorsassociation.com  

 

 

  The Part Wall Act 1996   The Building Owners    The Adjoining Owner    Received a Notice?    Leading Surveyors

                                                                      

 

 

Print Print | Sitemap
© Party Wall Surveyors Association (PWSA) 2011-2018. A Private Limited Company Operating from Central London on a Non-Profit-Making Basis to provide sound cost saving advice to consumers. Substantially well funded.