Building OWNER

The Building Owner is an owner who wishes to undertake building works under the Party Wall etc Act 1996 (“Act”), and has a legal duty to notify all Adjoining Owners (freehold and leasehold) a month or 2 months in advance depending on works in writing if you want to:

• 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

Failure to do so may result in the works being unlawful and risks a court  injunction to stop you from continuing the works and costs sought from you.   The Courts take a dim view of those who fail to notify whether deliberately or through ignorance. 

Your neighbour cannot prevent the works, but can affect how and when your works are carried out. We offer free specialist advice at pre-planning stage on whether the Act applies on all types of projects from dpc injection, residential loft conversions to large commercial developments and the strategic approach for dealing with neighbouring properties to save costs.  We also advise on rights of access for crane oversail and/or scaffold access agreements and licences.

Once a notice is served the adjoining owner(s) have 14 days in which to reply. If they agree to the proposed work, then that agreement must be in writing.  If an adjoining owner expressly disagrees or does not reply to a Notice within 14 days of receipt, then he is deemed to have dissented and a statutory ‘dispute’ arises.

What happens if a Dispute arises?

• Each owner must appoint a party wall surveyor to act for them individually or agree on a single ‘agreed’ surveyor to act for both owners
• By having a surveyor draft the notice a building owner can increase their chances of having an ‘Agreed Surveyor’ appointed. This will help to keep the costs down on small projects
• Where two surveyors are appointed to act for each owner individually, the two surveyors have to select another surveyor, the third surveyor
• If required, the third surveyor would be called upon if the two surveyors cannot agree of if either of the owners or either surveyor calls on the third surveyor to make an award
• Adjoining owners may also serve a counter notice indicating additional work they would like included for their own benefit and at their own cost
• Even if the adjoining owner consents to the works in the notice it is prudent to undertake a schedule of condition covering those parts of their property that are at risk from the works

What does the surveyor do?

The surveyor (or surveyors) will settle the dispute by making an ‘award’ (also known as a ‘party wall award’).

This is a document which sets out :

• The work that will be carried out
• How and when the work will be carried out (to limit times of noisy work for instance)
• Specifies any additional work required (protective measures to prevent damage for example)
• It usually contains a record of the condition of the adjoining property before the work begins. This is desirable as it can assist in identifying and attributing any damage to adjoining properties for instance
• Allows access for the surveyor to inspect the works while they are going on. This is to ensure they are in accordance with the award.
• Where the proposed works involve underpinning and basement excavation the party wall award will be more complex to reflect the greater risk.
• It may also include issues such as security for expenses and Special Foundations.

Who pays the surveyor’s fees?

The Building Owner will usually pay all costs associated with drawing up the Award. This includes the adjoining owner’s surveyors’ fees, if the works are solely for the Building Owner’s benefit. It is therefore important that the whole process is managed efficiently to keep adjoining owner’s surveyors fees to a minimum.

Adjoining owners’ surveyors are not required to quote in advance. Their fees are calculated by reference to an hourly rate. The final figure is then agreed with the building owner’s surveyor. Should the two surveyors fail to agree upon a reasonable amount the matter can be referred to the Third Surveyor who has the final say.

Is a Party Wall Award final?

Each owner has 14 days from service of the award to appeal to the county court against the award. An appeal should not be undertaken lightly. An unsuccessful appellant may incur an award of costs against them. An owner considering an appeal may well wish to seek legal advice. Once the appeal period has elapsed an Award is final and binding.

What happens if the neighbours won’t cooperate?

If a dispute has arisen and the neighbouring owner refuses or fails to appoint a surveyor an owner can appoint a second surveyor on the neighbouring owners’ behalf, so that the party wall procedure can go ahead.

Access to neighbouring property?

Under the Act an Adjoining Owner must, when necessary, allow access to workmen and the Building Owner’s surveyor to carry out works defined in the Party Wall Act (but only for these works), including access required by any surveyor as part of the dispute resolution process. The Adjoining Owner must be given 14 days’ notice of the intention to exercise rights of entry, except in case of emergency. It is an offence, which can be prosecuted in the magistrates’ court, for an occupier or other person to refuse entry to or obstruct someone who is entitled to enter premises under the Party Wall Act.

What rights do Adjoining owners have under the Party Wall Act? 

• Adjoining owners should note that the primary purpose of the act is to facilitate development.
• In return for rights to carry out certain works, the building owner must comply with the provisions of the Act. This includes the duty to notify you in advance of work starting, for instance.
• 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 act, but you may be able to influence how and at what times the work is done. For further guidance on protecting your property as part of the Party Wall process please give us a call.
• If you do not respond to notice from a building owner concerning work to an existing party structure or an excavation, you will be deemed to be in dispute with them.  In this case, and in the event of a dispute concerning a new wall at the boundary, if you refuse or fail to concur in the appointment of an agreed surveyor, or to appoint a survivor of your own, the building owner will be able to appoint a second surveyor on your behalf so that the dispute resolution procedure can proceed without your co-operation.

Adjoining Owners have the right to :

• Appoint a surveyor to resolve any dispute
• Require reasonable necessary measures to be taken to protect their property from foreseeable damage and for 

      their security

• Not to endure any unnecessary inconvenience
• Be compensated for loss or damage caused by relevant works
• Ask for security for expenses before work starts under the Act. This provides a measure of protection against a potential loss if works are not completed

For free advice please call or forward your plans for a free assessment on whether the Act applies to your proposal

Our Approach

Our first priority is to understand your needs so that we can tailor our services to achieve the best value for money.

We will then prepare a proposal which states clearly:

• Our understanding of your requirements
• The approach we will adopt
• The benefits you will obtain
• Our proposed fees, the party doing the work called a building owner in the Act will usually be responsible for the affected neighbour(s) called the adjoining owner's fees too.  

All of this is for discussion and agreement with you. We believe that successful projects result from a clear understanding of client requirements that are then implemented by high calibre and committed people.
 
If you would like further no obligation advice or assistance with any aspect, please contact us.

This information is not intended to be a comprehensive review of all legal or other aspects referred to. Readers should take further appropriate advice before applying the information contained in this media to specific issues or problems. 

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