Party Wall FAQs - Adjoining Owner
If your neighbour is planning to have notifiable work done or has served you with a Party Wall Notice you may have some queries. The following may answer some of your questions;
What Is A Party Wall Notice & Why Have I Received It??
A Party Wall Notice is a legal document sent to you, by your neighbour (the Building Owner) informing you that they wish to carry out works that would involve one of the following;
to construct a wall along the boundary (Line of Junction)
works to a wall or structure that separates your two properties
to excavate for foundations etc. within a certain distance of structures on your property
Your neighbour must serve these Notices (and in some cases provide drawings) at a set period of time before they wish to carry out the works, enabling you to have time to consider what is being proposed and how it could affect you & your property
What Options Do I Have?
What happens next is solely your decision and you should be presented with several options and a brief explanation of each is below;
What Happens If I Don’t Reply?
Under the Act, you have a statutory period of 14 days to send back the signed acknowledgment, indicating your wishes in this matter. If you fail to do so, you will have automatically ‘dissented’ and a Party Wall Surveyor will be appointed on your behalf if you do not appoint your own surveyor within a further 10 days – this enables the matter to move ahead under a reasonable time frame.
Who Pays For The Surveyors Time?
In the vast majority of cases, the Building Owner (your neighbour) will have to pay the surveyors fees, including the costs of carrying out the Schedule of Condition and preparation of any Award.
The only time this could change is if you (as the Adjoining Owner) take up more of the surveyor’s time that they feel is ‘reasonable’ for resolving the matter at hand, or if you choose your own surveyor and he is deemed to have acted unreasonably or incompetently
What Will I Have To Pay?
As the Adjoining Owner may choose one of several options, providing an exact final cost at this stage is not possible. However, we will always provide you with a breakdown of the costs of each element and you will only be charged for the work that is actually required.
Still unsure? Feel free to contact us for free, impartial advice