When it comes to building works that might affect a party wall, it’s essential to understand the Party Wall Act 1996 and your rights as an Adjoining Owner. If you’re unsure about how to proceed, especially when comparing surveyor quotes, this guide can help clarify what you need to know.
Who is Considered an “Adjoining Owner”?
Under the Party Wall etc. Act 1996, an Adjoining Owner is defined as anyone who owns or occupies land or buildings next to a proposed construction site (the Building Owner). This includes people who live in flats or houses that share a party wall with the Building Owner’s property.
For certain types of work (under Section 6 of the Act), even if your property is within three or six metres of the Building Owner’s excavation, you may also be considered an Adjoining Owner and entitled to specific protections.
Tip: If you’re a Building Owner yourself, remember that there may be multiple Adjoining Owners to consider. For example, both freehold and leasehold owners in adjoining properties may need to be served with Party Wall Notices.
Can I Stop My Neighbour’s Works?
As an Adjoining Owner, you may be wondering whether you can prevent your neighbour from carrying out their construction works. The short answer is: No.
The Party Wall Act is designed to facilitate construction works, not to block them. While you can dissent from the Party Wall Notice (i.e., disagree with the proposed works), this will not stop the Building Owner from carrying out the works. The Act simply ensures that your rights are protected during the construction process.
What Are My Rights as an Adjoining Owner?
As an Adjoining Owner, you have the following rights:
- Right to appoint a surveyor: If you dissent from the Party Wall Notice, you can appoint a surveyor to help resolve disputes, and ensure that you’re compensated for any damages caused by the works.
- Right to request protective measures: You can ask the Building Owner to take measures to protect your property from damage, and reduce any inconvenience caused during the works.
- Right to security for expenses: If you’re worried about the Building Owner not completing their works, you can request security for expenses to cover potential losses.
How Do I Know I’m Protected?
Once a valid Party Wall Notice has been served, you are automatically protected under the Party Wall Act. However, to fully safeguard your rights:
- Respond to the Notice: You have 14 days to respond. If the works are minor, and you have no objections, you can simply consent. But even in this case, we recommend asking your neighbour to arrange a Photographic Schedule of Condition. This helps you document the current state of your property in case damage occurs during construction.
- Dissenting: If you do have concerns or wish to block the works, you have the right to dissent. It’s highly advisable to consult a Party Wall surveyor before making this decision, as they can provide expert guidance on whether dissenting is the best course of action.
What Happens If I Don’t Respond?
If you fail to respond to the Party Wall Notice within the 14-day period, the Building Owner has the right to appoint a surveyor on your behalf. This surveyor will then help to negotiate any potential issues and draw up a Party Wall Award that outlines the terms of the works and protections in place for your property.
In this case, you may have less control over the process, so it’s crucial to make sure you respond promptly and consider getting professional advice.
Why Are Party Wall Surveyor Fees So High?
Many Adjoining Owners are often surprised by the costs associated with Party Wall surveyors. Here’s why:
- Expertise and Experience: Party Wall surveyors are specialists with in-depth knowledge of the Party Wall Act, construction processes, and dispute resolution. This expertise ensures that all legal requirements are met, reducing the risk of complications down the line.
- Time Involved: The process of reviewing plans, inspecting properties, resolving disputes, and preparing the Party Wall Award can be time-consuming. Each case is different, and the surveyor must address all the unique aspects of the proposed works.
- Potential for Multiple Parties: If multiple owners or occupiers are involved (for example, in a block of flats with both freeholders and leaseholders), there’s an added complexity. Each individual may require a tailored notice, and the surveyor may need to negotiate with multiple parties to reach a resolution.
How to Compare Party Wall Surveyor Quotes
If you’re in the position of needing to hire a Party Wall surveyor, here are a few tips for comparing quotes:
- Look for Accreditation: Ensure the surveyor is fully accredited by professional bodies, such as the Faculty of Party Wall Surveyors. This ensures they have the appropriate training and expertise.
- Understand What’s Included: Some surveyors may charge a flat fee, while others charge hourly. Make sure you understand exactly what’s covered by the quote, including site visits, dispute resolution, and the preparation of the Party Wall Award.
- Get Multiple Quotes: It’s always a good idea to get multiple quotes to ensure you are getting a fair price. However, keep in mind that the cheapest option might not always be the best, especially if it compromises quality or expertise.
- Consultation Fees: Some surveyors may offer an initial consultation to discuss your case. This can be a useful opportunity to assess their approach and determine if they are the right fit for your needs.
In Summary
As an Adjoining Owner, you have several rights to ensure that your property is protected during your neighbour’s construction works. Whether you choose to consent or dissent to the Party Wall Notice, it’s essential to act quickly and, if necessary, consult a Party Wall surveyor to protect your interests.
Remember, while the Party Wall Act aims to help with construction works, it also seeks to safeguard both parties. If you’re unsure about any part of the process, consulting an experienced surveyor can ensure that your rights are fully protected, and any disputes are resolved efficiently.
For expert guidance on your specific situation, don’t hesitate to reach out to our team at Simple Survey. Our qualified surveyors can help you navigate the process and ensure your property is protected.