ADJOINING OWNER
The Adjoining Owner is a neighbour to a Building Owner undertaking notifiable works under the Party Wall etc Act 1996 (“Act”). The Building Owner has a duty to notify you either 1 or 2 months in advance of starting the following work:
- Build on or at the boundary of your two properties
- Work on an existing party wall or party structure
- Excavate below and near to the foundation level of their building or structure
What rights do I have as an Adjoining Owner?
Under the Act as Adjoining Owner you have the right to:
- Appoint a surveyor to resolve any dispute such as safeguarding your foundations against subsidence, in all normal circumstances at no cost to you
- Require reasonable necessary measures to be taken to protect their property from damage and for their security
- Not to endure any unnecessary inconvenience and impose restrictions on when noisy works are undertaken
- Be compensated for loss or damage caused by building works
- Request security for expenses before work starts under the Act; this is to guard against any potential loss, such as if works are not completed
What are a Building Owners’ duties under the Act?
- The building owner must comply with the provisions of the Act, including a duty to notify you in advance of work starting as above.
- The building owner is legally responsible for putting right any damage caused by carrying out the works, even if the damage is caused by a contractor.
- You cannot stop someone from exercising the rights given to them by the Party Wall Act, but you can influence how and at what times the work is done.
- If you do not respond to a 14 day notice from a building owner concerning work to an existing party structure or an excavation, you will be deemed to be in ‘dispute’, and the building owner after issuing a further 10 day notice can appoint a second surveyor on your behalf so that the dispute resolution procedure can proceed without your co-operation.
- You may concur for the same surveyor to be appointed by both the building owner and the adjoining owner - this is termed an ‘Agreed Surveyor’. However adjoining owners often prefer to appoint a surveyor they have chosen to protect their property - this is termed 'Adjoining Owner Party Wall Surveyor'.
What does an Adjoining Owners’ surveyor do?
The agreed surveyor (or two surveyors) will settle the dispute by making an ‘award’ (also known as a ‘party wall award’). This document sets out:
- The work that will be carried out
- When and how the work is to be carried out
- Any additional work required such as to prevent damage to your property
- A record of the condition of the adjoining property before the work begins to identify any damage to adjoining properties attributable to the work
- Access for the surveyor to inspect the works while they are going on as may be necessary, to ensure they are in accordance with the award
- Engineering calculations such as where the proposed works involve underpinning and basement excavation
- Issues such as security for expenses to be used if the building owner fails to complete the works
- Special Foundations to protect the interests of the Adjoining Owner
Who pays the surveyor’s fees?
The Building Owner (the party carrying out the work) will usually pay all costs associated with drawing up the Award including the adjoining owner’s surveyors’ fees if the works are solely for the Building Owner’s benefit.
The adjoining owner's surveyor submits their fee to the building owner's surveyor for agreement - If the two surveyors fail to agree upon what constitutes a reasonable fee they can refer the matter to the Third Surveyor. The Third Surveyor will have the final say.
Our Approach
Our priority is to safeguard your rights and interests under the Party Wall etc Act 1996
The building owner will be responsible for the adjoining owner's fees in all normal circumstances.
Contact us on 02476 347171 or email us for a FREE no obligation consultation
Click here for the Party Wall etc Act 1996 Legislation
Click here for a guide to what can be in a basement development party wall award