Adjoining Owner
Adjoining Owner Party Wall Surveyors North Wales, Chester
If you are an Adjoining Owner and the neighbouring property owner (Building Owner) wants to carry out work that may affect your property, such as excavating below the level of your foundations, exposing the top of the party wall to replace the roof covering, or carrying out work to a shared wall, we will advise you as to whether the Act is applicable free of charge.
If the Act is applicable, the Building Owner must serve a Notice on you giving specific details about the project. Initially, we will act as agents on your behalf. It is only if a dispute arises that a ‘Party Wall Surveyor’ is legally required to be appointed.
The Adjoining Owner will be offered four options on the Acknowledgement Form attached to the Notice. These are:
a) Consent
b) Consent provided a Schedule of Condition is taken
c) Dissent and appoint an Agreed Party Wall Surveyor
d) Dissent and appoint a Party Wall Surveyor of their own choice
If the Adjoining Owner consents, no further action is required, and the work may proceed after the notice period.
Schedule of Condition
A Schedule of Condition is a survey that records any existing damage to the Adjoining Property and is used should there be any claims for damage caused by the work taking place. This survey is used to either prove that the damage was caused by the work or it existed before the work commenced. It is the Adjoining Owner’s choice whether this is carried out, but it may be difficult to prove the damage was done by the work if a Schedule of Condition is not carried out. Option b) avoids the need for an Award to be written and served. An Award is only required if a dispute arises and dissents. The Award will specify any restrictions on how the work is carried out and if the Award isn’t appealed against in a County Court within 14 days, it becomes legally binding.
An Agreed Party Wall Surveyor is one appointed by both owners. This reduces the costs and complications of having a Party Wall Surveyor each. All Party Wall Surveyors, regardless of who appointed them, are legally required to act impartially. This ensures that the decisions made are fair and reasonable as the Party Wall Surveyors are not representing the interests of one owner or the other. Also, Party Wall Surveyors may not be dismissed under the Act and this enables them to make decisions which may not be popular with one of the owners. A Schedule of Condition is normally carried out and an Award is written and served after a dissent.
If the Adjoining Owner chooses to appoint a Party Wall Surveyor of their own choice, then a Third Surveyor is nominated and called upon if a dispute settlement cannot be agreed by the other two. It is rare that this is actually required. A Schedule of Condition is normally carried out and an Award is written and served by both the surveyors working together.
If you initially consent and then choose to dissent, then you must appoint a Party Wall Surveyor. We will ensure that the legal procedure is followed and that the proposals are made acceptable and will not damage your property under the Act. The Building Owner is normally completely responsible for our costs and it is only in very rare circumstances that the Adjoining Owner may have to contribute ie. Additional work carried out for yourself following your request.
Contact Us
We are available to offer a free consultation to assist you with your project needs or discuss your neighbour’s development. We can provide you with the legal knowledge required and perform all the Party Wall actions required from start to finish.
Office
5 Arvon Avenue, Llandudno, Conwy, LL30 2DY.