Is Your Neighbour Planning Building Work?
If you have received a notice from your neighbour explaining that they intend to start building works, you have the opportunity to engage with your neighbour under the Party Wall etc. Act 1996. The Notice that was served on you will explain in detail the extent and schedule of the proposed works.
Under the Act you are now known as the Adjoining Owner or Occupier and the person undertaking the building works is known as the Building Owner.
When you receive the notice of works, you have 14 days to respond.
Ultimately you have 2 choices; to consent or dissent.
Consent
This means you are happy for the work to continue without the need for a party wall agreement. This option is usually accepted by Adjoining Owners when they understand the proposed nature of the works and do not think there will be any risk to their property.
If you are unsure if you should consent or dissent, please get in touch and Resolve Party Wall Surveyors will give you free impartial advice.
Even after consent is given, the Act still gives you protection against any damage relating to the building works carried out. It is recommended that a schedule of condition be taken prior to works commencing. This will safeguard both parties if a complaint for damages is made or if a Party Wall Award is requested in the future.
The schedule of condition is a survey of your home before the works start, in order to identify any damage that may have occurred at the end of the build. The report is not given to your neighbour and all photos taken are treated under the Data Protection act.
Dissent to Works
If you are unhappy about an aspect of the project and do not give consent, then a dispute has occurred. You must do this in writing! This term ‘dispute’ is the official wording under the Act and does not signify hostility or poor neighbourly relations.
If you have dissented, and therefore opened a dispute, The Act requires a party wall surveyor to be appointed to resolve the dispute in an impartial manner, ensuring that the interests of both parties are protected.
The surveyor will review the construction documents, manner of construction and current condition of any affected properties. This information will then form the basis of a schedule of condition and a Party Wall Award. This award is a legal document that outlines the scope of work, manner of construction, how damages will be settled and who will pay any costs & fees.
It is important to note that the Act does not give you the power of veto. You cannot stop the construction. The law allows the building works to go ahead so your dissent is only to allow yourself a say in the time and manner of the construction. There is only one exception to this which you can find in the FAQs.
As the Adjoining Owner what do I do now?
If you have been served a notice by your neighbour (Building Owner) then you have to act. If you fail to reply within 14 days then the process continues without you and a surveyor is appointed to represent your interests; so it is better to respond and have a say. Please call Scott at Resolve Party Wall Surveyors and talk through your next steps.