Receiving a Party Wall Notice can be a bit daunting, especially if you’ve never encountered one before. It’s a common concern for neighbours when they’re notified about construction work happening next door, and it’s easy to get confused about what your rights are and what options you have. In this guide, we’ll help clarify how you, as an Adjoining Owner, should respond to a Party Wall Notice and outline your rights and responsibilities.
Who is an Adjoining Owner?
An Adjoining Owner is any individual who owns or occupies land, buildings, or any part of a property that is adjacent or connected to the Building Owner’s property.
This means that, depending on the circumstances, an Adjoining Owner could be:
- A freeholder
- A leaseholder
- A tenant (if their lease allows them to exercise rights under the Party Wall Act)
Basically, if your property is physically connected to or shares a boundary with the building work being planned, you’re likely an Adjoining Owner and have a right to respond to the Party Wall Notice.
What Do I Do When I Receive a Party Wall Notice?
Once you’ve received a Party Wall Notice, you essentially have two options:
- Consent to the proposed works
- Dissent (disagree) with the proposed works
However, there are some important misconceptions to be aware of when considering your response.
- Consent doesn’t mean you’re giving up your rights or agreeing to potential damage. You’re simply acknowledging that no dispute exists and giving your neighbour permission to proceed.
- Dissent doesn’t give you the power to stop the work outright, but it does allow you to appoint a surveyor to negotiate a resolution. It’s simply a way to express disagreement over how the work is to be carried out.
The Party Wall Act is designed to enable construction work to go ahead, so long as the proper procedures are followed. Even if you dissent, your neighbour can still move forward with their plans, but the surveyors will help ensure the work complies with the law and that both parties are protected.
Should I Consent to the Party Wall Notice?
Consent is the most straightforward way to proceed. If you’re comfortable with the proposed works and you don’t anticipate any problems, consenting allows the building owner to move ahead without delay.
However, some Adjoining Owners may feel uneasy about consenting because they worry it means they’ll lose their rights to protection if damage occurs. This is not the case.
By consenting, you’re simply stating that you have no issue with the work as proposed at the time. Your rights remain intact, and if problems arise after consent is given (for instance, damage to your property), you can still appoint a surveyor to resolve the issue.
Should I Dissent to the Party Wall Notice?
You have every right to dissent to a Party Wall Notice, but this should only be done if you have a genuine concern. A dissent doesn’t automatically block the work; it means you want a more formal agreement about how the work is carried out.
Common reasons to dissent include:
- Disagreeing on the specifics of the construction method or timing
- Concerns about access to your property (for example, your neighbour wants to use your garden or driveway during the work)
- Worries about potential damage and how it will be managed
For example, you might not be opposed to the construction itself, but you may feel uncomfortable with the access your neighbour is requesting to your property. Dissenting allows you to appoint a surveyor to assess the request and ensure it’s done correctly.
What If I’m Not in Dispute, but I’m Worried About Damage?
It’s not uncommon for Adjoining Owners to worry about consenting because of potential damage, even if they don’t have a dispute with the building work itself.
It’s essential to know that consenting to a Party Wall Notice doesn’t waive your rights to protection. If, after you’ve consented, damage does occur, you still have the right to:
- Appoint a surveyor to assess the situation
- Claim compensation or ask for repairs
When Should I Get a Party Wall Surveyor?
- If you consent to the work, you may still want to appoint a surveyor for added peace of mind or if you want to make sure the terms of the Party Wall Act are fully adhered to (for example, access to your property, or the timing of the works).
- If you dissent, you will need a surveyor to help resolve the dispute. Surveyors will act impartially and ensure that the work is carried out fairly, in line with the regulations of the Party Wall Act.
Remember, a surveyor can help in any situation where you feel uncertain, even if you’re not in active dispute.
Key Takeaways:
- Consent doesn’t waive your rights or leave you vulnerable to damage.
- Dissent is a way to formally resolve disagreements, but it won’t block the work.
- You can appoint a surveyor to protect your interests whether you consent or dissent.
If you’re unsure about how to respond to a Party Wall Notice, seeking advice from a qualified party wall surveyor can help ensure you’re making the right decision based on your circumstances.