Navigating the Party Wall Notice: A Guide for Adjoining Owners

HomeNavigating the Party Wall Notice: A Guide for Adjoining Owners

Receiving a Party Wall Notice can be a significant moment for adjoining property owners, requiring thoughtful consideration and informed decisions. Understanding the options and taking the right steps is crucial in ensuring a smooth process. Here’s a comprehensive guide on what to do if you’ve been served a Party Wall Notice.

Upon receiving a Party Wall Notice, the adjoining owner is granted a 14-day window to respond. They are presented with three distinct options, each carrying its own implications.

Consent to the works:

If the adjoining owner is content with the proposed works and harbours no objections, providing consent is a straightforward option. This choice implies a smooth continuation of the construction process without the need for a Party Wall Award. However, it is advisable for the adjoining owner to consider requesting a Schedule of Condition report before the works commence. This report meticulously documents the current state of their property, serving as a reference in case any damage disputes arise later.

Dissent and appoint an Agreed Surveyor:

In cases where the adjoining owner disagrees with the proposed works or has concerns, they have the option to appoint an Agreed Surveyor. This impartial surveyor, chosen by both parties, will play a pivotal role in preparing the necessary documents. Before the works commence, the surveyor will conduct a Schedule of Condition report. Subsequently, a Party Wall Award will be served to both the building owner and the adjoining owner. Outlining the agreed-upon terms and conditions.

Dissent and appoint an independent surveyor:

If the adjoining owner disagrees with the proposed works but prefers not to appoint an Agreed Surveyor, they can opt to appoint their independent surveyor. This surveyor, acting on behalf of the adjoining owner, will collaborate with the building owner’s surveyor to complete a joint Schedule of Condition report. The surveyors will work together to produce a Party Wall Award, subject to review by the independent surveyor chosen by the adjoining owner. Eventually, a Party Wall Award will be served to both parties.

Party Wall Notice
Party Wall Notice

It is paramount for the adjoining owner to carefully assess these options and seek professional guidance from experienced party wall surveyors. These experts can navigate the complexities of the Party Wall etc. Act 1996, ensuring compliance and safeguarding the interests of the adjoining owner throughout the construction process. In making these decisions, informed choices and proactive steps contribute to a cooperative and harmonious resolution of party wall matters.