Property owners in England and Wales will likely be familiar with the Party Wall Act 1996 regulations. These regulations, in simple terms, aim to avert and resolve potential disputes between neighbours that could arise in the event of construction work.
If your adjoining neighbour is proposing a building project that affects the regulations, they must notify you with the correct Party Wall Notice before the commencement of works. This is to ensure construction work happens safely, correctly, and with no damage to neighbouring properties (in other words, yours).
The Act doesn’t itself contain a mechanism that allows you to outright block proposed construction work. However, it requires your neighbour to follow a clear process if their plans impact your property.
So what happens when you (as the adjoining owner) receive a Party Wall Notice from your neighbour who is proposing the works (the building owner)? If your neighbour issues one to you following the proposal to commence building works, what options do you have at your disposal?
This guide explains what you can do and easy routes to a Party Wall resolution.
Responding to the Initial Party Wall Notice
When served with a Party Wall Notice, you have 14 days to respond formally.
You have three main routes to take as far as responding to a Party Wall Notice goes:
Consent and assume responsibility
You can consent to the Notice and allow your neighbour to proceed. However, you assume full responsibility for any damage to your property during construction, which isn’t necessarily in your best interest.
To hold your neighbour liable following the building works, you’d need written evidence from a Party Wall Surveyor to stipulate your property’s pre-construction condition.
Don’t consent but use the same surveyor
You are merely agreeing to appoint the same Chartered Surveyor as your neighbour.
This surveyor will visit both properties and prepare a pre-construction Condition Report of both properties, acting as an independent party, but whose costs will be covered by the building owner.
If construction damages your property or negatively impacts it in any way, this Condition Report provides evidence of the pre-construction condition. Following this, it can be used to hold your neighbour responsible for restoration or remediation at their expense.
Don’t consent, and appoint your own surveyors
– You and your neighbour can appoint your own Party Wall Surveyors. Your surveyor will follow the same process as outlined above, while your neighbour’s surveyor does the same. The costs of your surveyor will also be borne by your neighbour.
What Happens If You Don’t Respond to a Party Wall Notice?
If you don’t respond within the 14-day deadline, you lose the option to consent to building works. Instead, your neighbour will serve a 10-day follow-up Notice.
You must then respond with a definitive decision to either:
• Appoint your own surveyor, or
• Instruct the same surveyor as your neighbour.
All site visits thereafter, along with the Party Wall Award, will be granted in due course, permitting the works to commence.
If you don’t respond to the follow-up Notice, your neighbour – through their appointed surveyor – has the power to instruct a third-party independent surveyor to act on your behalf, per section 10(4) of the Party Wall Act.
Once a surveyor is appointed, a Party Wall Award is issued and your neighbour can start work.
Get Expert Party Wall Advice from Chartered Surveyors in London
Party Wall matters can be complex and present a myriad of unique challenges for homeowners with adjoining walls. Squarepoint Chartered Surveyors have over 20 years of experience assisting clients with Party Wall issues and can offer professional advice on any Party Wall-related matters.
If you have a specific query, or if you would like a free, no-obligation quote, get in touch with our Party Wall Surveyors in London today.
