Party Wall Notice Options
Once you receive a party wall notice from the building
owner you only have fourteen days in which to respond in
writing. If you have already selected party wall surveyors
to act for you then you should pass the notice to your party
wall surveyor so that he can check the notice for compliance
with the Party
Wall Act. Your party wall surveyor may then advise you
of the most suitable response and write to the building
owner on your behalf.
If you have not appointed a party wall surveyor then you
usually have three main options available to you, which
are detailed below. There are sometimes other options that
are available to you, and this list is not intended to be
exhaustive.
1. Consent to the party wall notice -
This option allows the building owner to get on with his
works with no further action required from either party.
In this case party wall surveyors are not appointed under
the Party Wall Act and your neighbour will not incur any
further party wall award costs.
2. Dissent from the party wall notice -
This option means that a difference arises between the parties
and requires both parties to appoint party wall surveyors.
This person may be the same party wall surveyor or two different
party wall surveyors. In most cases the party wall surveyors
will examine the proposed plans, check the engineer's calculations,
and make an initial assessment of likely impact of the party
wall works. The party wall surveyors will then usually prepare
a report of the adjoining owner's property before Party
Wall Act works start. Before the work begins the party wall
surveyors will produce a detailed legal document called
a party wall award. The party wall award extends specific
protections and rights to both parties, which are determined
on an individual basis. During the progress of works the
party wall surveyors will generally return to both premises
to check the party wall works are being conducted in accordance
with the terms of the party wall award. Finally the party
wall surveyors will return after the completion of the party
wall works to check whether there has been any damage to
the adjoining owner's property.
3. Do nothing – In most circumstances,
if you do nothing for more than fourteen days after you
have received a party wall notice then a difference is deemed
to have arisen between the parties and the same procedure
applies as detailed in option (2) above. Where a difference
is deemed to have arisen, and before party wall surveyors
produce the party wall award, both parties may jointly agree
to settle any outstanding matters between them without the
need for a party wall award. In this case the building owner
will usually still be liable for all reasonable party wall
costs incurred up to the date where the parties notify the
party wall surveyors of their intentions.
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