If you’ve received a party wall notice, you’re considered the “adjoining owner” under the Party Wall Act, as opposed to the building owner—the person proposing the work.
Let’s focus on your options as the adjoining owner.
Your 3 Options as an Adjoining Owner
When you receive a party wall notice, you have three main options:
- Consent to the Works
One option is to give your consent. But, a common concern is that if damage occurs, the building owner might not be responsible for fixing it. This isn’t true. The Act includes provisions to protect you.
- Raise a Dispute
If you’re not comfortable giving unconditional consent, you can raise a dispute. This could be if you’re worried.
If there’s a dispute, an award must be prepared. This can be done by either one surveyor acting as the agreed surveyor for both parties, or two separate surveyors—one for each side.
Some people think they must have their own surveyor, but often, one surveyor is sufficient, especially for simple matters.
However, for more complex projects, having two surveyors is definitely advisable.
- Do Nothing
If you don’t respond to the notice within 14 days, the building owner can issue a 10 day reminder notice. If there’s still no response, a surveyor may be appointed to act on your behalf, and an award can be issued, allowing the works to proceed, regardless of your consent.
Injunctions
If construction work starts next door and you haven’t been served a notice, you can seek a Court injunction to stop the work. But, be cautious. If the work wasn’t notifiable under the Act, you could be responsible for all legal costs. Even if you are in the right, you might only get 60-70% of your costs back.
Additionally, seeking an injunction can strain neighbourly relations, so weigh the situation carefully before taking this step.
The Act is an Enabling Law
It’s important to note that the Party Wall Act doesn’t allow you to stop work outright. Simply ignoring the notices won’t stop a project from going forward. If you don’t respond, a surveyor can still be appointed, and the works can proceed as planned.
Closing the Case Once Work is Done
Once the notifiable works—like excavation for foundations—are finished, the matter is considered closed. If further damage occurs due to non-notifiable works, party wall surveyors won’t handle those issues.
Hopefully, this clears up some of the confusion surrounding party wall matters! The goal is to help people get their desired extensions done while keeping things smooth and stress-free for both the building owner and their neighbours. If you have any other questions or need assistance, feel free to reach out.