Welcome to Party Wall Surveyors
Welcome to Party Wall Surveyors
Welcome to Party Wall Surveyors Association Free Call 0207 1180 039
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Received a Notice

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 do I do if I receive a Notice?

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If you have received a Party Wall Notice this means that your neighbour is planning to carry out works to their property that could affect your own property.

Typically the works could be an extension, a loft conversion or a basement conversion or just internal alterations such as the removal of a chimney breast.  The Party Wall Notice should specify what works your neighbour wishes to undertake.  You must respond within 14 days.  If you ignore the Notice, a surveyor can be appointed on your behalf without your consent.

The purpose of the Act is primarily to allow the Building Owner (i.e. your neighbour) to undertake works to their property, but the Act also allows Adjoining Owners (i.e. yourself) to have some input on what works can be carried out and most importantly, to have a "Schedule of Condition" taken of your property prior to the commencement of works. 

This will ensure that if any damage is caused it is abundantly clear that the damage was caused by the building works carried out next door and the cost of repairs will be met by those doing the work.

The costs of the surveyors drawing up the award will normally be paid by the party undertaking the works.

You can respond in one of three ways:-


1) Allow the work to continue forthwith.

If the works are minor and non-structural, you do not need to engage a surveyor at all; you can simply "concur to the works".  This will enable the works to commence straight away.  However, if any damage is caused or disputes arise, it is always more difficult to get the damage repaired.  You will save your neighbour the cost of the surveyor’s fee, however we would generally not recommend this approach for major works such as extensions; loft conversions or basements for example.


2) Ask for a schedule of condition to be carried out by agreeing to the surveyor suggested on the form.

You may dissent from the works and agree to the surveyor suggested by the Building Owner.  This 'agreed' surveyor should arrange to carry out a Schedule of Condition, including photographs and draw up an Award.  If the suggested surveyor is acting as project manager for the Building Owner we would strongly recommend that you do not appoint them as an agreed surveyor.

It is important to note than the surveyor should not work for either party, a Party Wall Surveyor should not work for a client, he simply administers the act and he must do this impartially and fairly.  You should have confidence in the impartiality of the agreed surveyor, if you have any doubts about the suggested surveyor’s impartiality simply suggest to the Building Owner that he accepts your preferred surveyor in order to reduce his cost, this is after all what he is asking you to do.

Please note that if an agreed surveyor is used you cannot refer any disagreement to the third surveyor, your only course of action is to appeal against the award in court.

If we were appointed as agreed surveyor we would ensure that the risk to your property is minimised to the lowest possible level, that accurate photographs are taken and that a comprehensive Schedule of Condition is undertaken.  We would then issue a formal party wall award detailing the agreement if full together with the schedule of condition etc. 

If the suggested surveyor is acting as project manager for the Building Owner we would strongly recommend that you do not appoint them as an agreed surveyor.
You can also suggest to the Building Owner that he accepts your preferred surveyor in order both the save the cost of two surveyors and to speed up the process.  This will ensure that you are protected but will limit the cost to your neighbour to just the fees of one surveyor.

3) Appoint your own surveyor to carry out the schedule of condition.

You may dissent from the works and appoint your own surveyor.  The cost of preparing the Schedule of Condition and your surveyor's fees are, in normal circumstances, paid by the person undertaking the work.  

In this event the two surveyors will firstly agree a Third Surveyor to adjudicate between them if they cannot agree, the two surveyors will then take the schedules of condition and produce the award in exactly the same way as the agreed surveyor.
Unless the works are complex in nature and/or there are existing areas of conflict between yourselves there is very little to be gained other than incurring additional cost for your neighbour by proceeding this way.

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  

 

                                                                      

 

 

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© 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.