Is Your Neighbour Carrying Out Building Work?

Michael White C.Build.E FCABE FFPWS, one of our senior surveyors, offers some information and advice to “Adjoining Owners”, if neighbour carrying out building work

Advice To Adjoining Owners

Advice To Adjoining Owners

We understand it can be a stressful time when there are extensive building works going on next door. We also realise The Party Wall Act can be a daunting prospect to those that have not experienced the process before. Michael White C.Build.E FCABE FFPWS, one of our senior surveyors, offers some information and advice to “Adjoining Owners”….

Is Your Neighbour Carrying Out Building Work?

An adjoining owner is defined in The Party Wall etc Act 1996 as: “any owner… of buildings, storeys, or room adjoining those of the building owner”.

It may be that you are regarded as an adjoining owner if your property is within 3m (and sometimes 6m) of the building owners’ property.

The building owner is the owner of the property where works are to be carried out.

When building owners plan to carry out works that might affect the structure of neighbouring properties, The Party Wall Act is there to protect all parties and, primarily, the wall itself.

The Act requires formal Notice to be served on all adjoining owners before work commences. If you have received a Party Wall Notice or, worse, if works have started without a Notice, you may find the following advice helpful:

1. If works have started and you haven't received a Notice
If works have started and you haven’t received a Notice, you should speak to your neighbour in the first instance, it may be that the building works don’t require a Notice. If you are not certain, please ask us.
2. When you receive a Notice
When you receive a Notice, it will usually ask you to ‘consent’ or ‘dissent’ to the works. This may appear that you can stop the works if you wish but, in reality, it is offering you the right to have the works checked and provides protection against any damage that may occur.
3. If you 'consent'
If you ‘consent’ then the work will proceed without any checks under the Act. In the event of any damage you will be left exposed and it will be significantly harder to recover the cost of remedial work.
4. Dissent to ensure you have the protection of the Party Wall Act
We recommend adjoining owners dissent to ensure you have the protection of the Party Wall Act. It sets out the terms under which compensation may be paid and may even require the building owner to set aside an agreed sum of money in a holding account to cover any damage to the party wall or the neighbouring property.
5. If you choose to dissent
If you choose to dissent you will need to appoint a surveyor to act on your behalf. The cost of this falls on the person carrying out the work.
6. Your surveyor will then check the building plans
Your surveyor will then check the building plans and discuss any important points with you. If necessary, the surveyor will appoint a ‘checking engineer’ to check the structural aspects. It is in the best interests of both parties (and the wall itself) to ensure the work has been adequately designed.
7. surveyors are required to be impartial
Under The Act, surveyors are required to be impartial, they are working in the best interests of the wall. Your neighbour is required to pay all of the reasonable costs, so it should cost you nothing.
8. Your property will be inspected
As part of the process, your property will be inspected by the surveyor(s) and its existing condition recorded. Should any damage occur during or after the work, the Schedule of Existing Condition is used to prove it is as a result of the works.
9. The surveyor(s) will then agree the terms
The surveyor(s) will then agree the terms under which work can begin. They will also set out any precautions that might need to be taken to protect your property.
10. These terms form the Party Wall Award
These terms form the Party Wall Award, a legally binding document which is signed the surveyor(s) and issued to the property owner and the adjoining owner.
11. Your surveyor may also retain involvement
Your surveyor may also retain involvement during the works, so you can raise any issues or concerns you may have as work proceeds. A competent surveyor will have agreed within the Award that any reasonable fees incurred during the work will be met by the building owner
12. Inspection on completion
12. The properties are then inspected on completion to check for any damage. If there is damage, then you have the choice of letting their contractor put it right or taking compensation instead.

Are you an Adjoining Owner?

If your neighbours are planning on doing some work here are some of the things you need to know.

Learn more

We are party wall specialists

We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London.

We hope this has been useful. If you have any questions please contact us at: partywall@whiteandlloyd.co.uk

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Head Office

Devon House
11 High Street
Thames Ditton, Surrey
KT7 0SD
0208 191 7747

office@whiteandlloyd.com

London Office

Chester house
81-83 Fulham High Street
Fulham Green, Fulham
SW6 3JA
0203 637 2213