There are three options available to an Adjoining Owner, as follows:-
i. They may consent to the works described in the Notice.
ii. They may dissent from the works described in the Notice and appoint our recommended surveyor to act as an Agreed Surveyor.
iii. They may dissent from the works as described in the Notice and appoint a Surveyor of their own choice.
Please note that if your property is a mid terraced flat, the agreements will need to be signed by any owners in the property below and also to either side of your flat this can mean as many as five agreements are required depending on any neighbouring properties also being divided into flats.
The Act envisages that, in most cases, there will be agreement about proposed works between the relevant owners. Therefore it is obviously best to fully discuss your planned conversion with them prior to serving notice. A friendly discussion will allow you to explain the scope of the works and should reassure them that the work involved is relatively minor and of a straight forward nature. However, you must receive consent to the works in writing by getting the adjoining owner to complete the counterpart of the Party Structure Notice
Should the Adjoining Owner decide not to reply to the Notice within 14 days or dissent from the works and fail to name a Surveyor to act for them, then a “10 day Notice” will need to be served requesting that they do so. If they fail to respond to this our recommended surveyor will be empowered by the Act to make an appointment on their behalf so not to cause unnecessary delay to the commencement of the building works. Unfortunately, the surveyor’s fees are generally the responsibility of the Building Owner.
Please note that the Party Wall Surveyor is a “statutory appointment”: he or she has no Client and cannot be dismissed or instructed. The role is to act in the best interests of the wall and parties to it and, therefore, it is quite acceptable for the adjoining owner to both dissent from your proposals and to agree to the appointment of our recommended surveyor to act for both of you. It is equally acceptable for an adjoining owner to consent to the works and this will not deprive them of their legal rights or common law protection.
Our representative can fully advised you of these requirement’s when you place your order, and leave you with the necessary forms for this purpose. When you have gained the necessary consents you should forward copies either by fax or post. This is very important and must be dealt with to avoid future legal problems. If you require any further information or advice please do not hesitate to contact ourselves.
Forms can also be downloaded below, or further advise can be obtained from:-
- Party Wall Agreement
- The Party Wall etc Act 1996
Acknowledgment of Notice