Definition of an Adjoining Owner
This is a person or company who is either the freeholder or has a lease for longer than a year of the property adjoining that of the Building Owner(s).
If you have received a notice from the Building Owner(s), you have 14 days to respond, you may:
- Consent, if you consent to the works although it is not a requirement of the Act
it is advisable to allow a Schedule Of Condition be carried out on your property before the works begin, this is in the event your property becomes damaged as a direct result of the building works adjacent to your property, the Schedule is
proof that the damage was not evident before the building works had started.
- You can Dissent and a dispute is deemed to have arisen, you have the right to appoint a Surveyor to act for you or you can appoint the same Surveyor as the Building Owner(s) to act jointly called the Agreed Surveyor.
- If however, you do not respond within the 14 days then a dispute is also
deemed to have arisen.
Our Party Wall Surveyors can act as your appointed Party Wall Surveyor, we
would advise on the vaildity of the notice(s) received, consider the details of proposed building works to ensure that proposals are appropriate and will avoid causing unnesssary inconvenience, check and agree Schedules of Condition, negotiate the terms of the Party Wall Award and ensure the Building Owner(s)
fulfil their statutory obligations.
Are your neighbours carrying out or planning to undertake any of the works listed below? If so, legally your neighbours should serve a Party Wall Notice upon you before commencing any such works.
-An extension, whether that be to the rear, side or into the loft.
-Conversion of a basement, garage or loft.
-Alterations, demolition or repairs to a wall, ceiling or floor shared with another property.
-Building a free standing wall, or a wall of a building, up to
or astride the boundary with a neighbouring property.
-Excavating and casting foundations within 3 or 6 metres
of an adjoining building owned by someone else.
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