Adjoining Owners
How Does the Act Affect Me?
The purpose of the Act is primarily designed to provide a framework for resolving issues relating to various building works without the need of incurring expensive legal action between neighbours. The Act assists and protects both the ‘Building Owner’ in conducting their works and the ‘Adjoining Owner’ who may be affected as a result of the works.
Whilst the Act does enable works to proceed without hindrance, it can seem a daunting prospect for many, when having to discuss with a neighbour matters such as how and when the works are to be carried out, how access will be arranged, and, in some instances, how compensation and expenses for inconvenience or damage caused will be calculated.
At Essex Party Wall Surveyors, we understand the concerns many Owners may have and can offer a professional, impartial service acting as intermediaries between all parties.
Who Is an Adjoining Owner?
Section 20 of the Party Wall Act 1996 describes an Adjoining Owner as:
“Any Owner of Land, Buildings, Storeys, or Rooms adjoining those of the Building Owner”
What Are Your Rights?
If you own or have an interest in a building or part of the building which is adjacent to an adjoining property, where it is proposed to carry out notifiable building works under the Act, the Building Owner proposing to exercise his rights under the Act and carry out the proposed works, has a legal duty to formally notify you of their intentions.
Typical examples of works that would fall under these areas could be, but are not limited to:
Examples of Work
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Extensions
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Loft Conversions
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Demolition of Party Walls
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Underpinning of Party Walls
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Repairs to Party Walls
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Raising of Party Walls
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Insertion of Damp-Proof Courses in Party Walls
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Demolition and Re-Building of Party Walls
Further Information for Adjoining Owners
Once the Building Owner has served notice, the Adjoining Owner has the option of either agreeing to the works in writing or to dissent. If the works are agreed to, then the works may commence and there is no requirement for Party Wall Act.
However, should the Building Owner dissent to the works, then both Owners are required to appoint a Surveyor where either both Owners can agree to appoint a single ‘Agreed’ Surveyor or to appoint their own Surveyors.
The Building Owner is usually responsible for all costs associated with the appointment of the Surveyors and it is important to note that the role of a Party Wall Surveyor is a statutory one, and as such, once appointed, must apply the Act impartially.
Once the Surveyor(s) have been appointed, it is good practice for a schedule of condition to be carried out on the Adjoining Owners property in order to establish the condition of the property prior to the proposed works commencing.
The Surveyor will then prepare an ‘Award’ which is a legal document that sets out matters such as the names and addresses of the Owners and the appointed Surveyor(s), the notice(s) that have been served, how the works will be carried out, the hours of works, access, and costs.
What We Do
At Essex Party Wall Surveyors, we understand the concerns many Owners may have and can offer a professional, impartial service acting as intermediaries between all parties. For further information, please click here.
