Party Wall Advice For Adjoining Owners: What Are Your Property Rights?

According to the Party Wall, etc. Act 1996, if a building owner intends to make alterations to their property that impact a shared wall, they must adhere to a specific protocol to safeguard their interests and those of the affected adjoining owner.

An adjoining owner refers to any individual or entity owning land, buildings, storeys, or rooms adjoining those of the building owner. The adjacent property may be owned outright, held on lease, or occupied by a long-term tenant or occupier, all of whom may qualify as an ‘Adjoining Owner’ under the Act. Additionally, there may be multiple adjacent properties or owners involved.

Ideally, the building owner engages in prior discussions with their neighbours regarding their plans well before commencing work. However, it’s common for adjoining owners to only become aware of the project upon receiving a party wall notice. In either scenario, it’s imperative for adjoining owners to comprehend their options and how their response impacts the proceedings.

What rights do adjoining owners have under the Party Wall Act?

Adjoining Owners should understand that the primary objective of the Party Wall Act is to facilitate development. In exchange for the Building Owner’s ability to proceed with the planned works, they must adhere to the Act’s provisions, which entail notifying all Adjoining Owners in advance of the commencement of work and fulfilling a legal obligation to rectify any damage resulting from the works. While Adjoining Owner rights do not extend to halting the Building Owner’s proposed works in accordance with the Act, they retain the ability to influence the manner and timing of the work.

Specifically, the rights of Adjoining Owners encompass:

• Appointing a surveyor to facilitate dispute resolution
• Requesting the implementation of necessary security measures to safeguard adjoining property from foreseeable damage
• Avoiding unnecessary inconvenience
• Seeking compensation for any damage or loss to property caused by the works

How can adjoining owners object to proposed work?

It’s common for adjoining owners to first learn of their neighbour’s proposed work upon receiving a party wall notice. Upon receiving this notice, the adjoining owner has the option to either consent or dissent. If no response is provided within 14 days, it is deemed that the parties are in dispute under the Act.

Subsequently, both parties are required to appoint a surveyor to reach an agreement, resulting in a Party Wall Award. While this can involve a single ‘agreed surveyor’, adjoining owners often opt to appoint their own surveyor. In the event that an agreement cannot be reached (which is rare), the appointed surveyors enlist a third surveyor to arbitrate and make final decisions on any outstanding matters.

The Party Wall Award stands as a legally binding document for all involved parties, outlining the specifics of the proposed works and the safeguards agreed upon to ensure that the works proceed with minimal risk and inconvenience to the adjoining owners, in accordance with the Act.

Option 1: Adjoining Owner who has received a notice

As an adjoining owner who has received a party wall notice, your initial recourse is to offer explicit, written consent for the proposed works. However, this option is seldom recommended, if at all, as it may leave your property susceptible to damage for which the building owner may not assume responsibility.

Opting to dissent and subsequently initiating the process for a Party Wall Award while documenting the current condition of your property is a prudent course of action, even if you harbour no additional concerns about the planned works.

It’s imperative to acknowledge that failure to provide a formal response within the stipulated 14-day period results in being deemed to have dissented, thereby triggering a dispute.

Option 2: Should you share the same surveyor as your neighbour?

If you opt to dissent, the subsequent decision entails determining whether you are amenable to sharing the same surveyor as your neighbour. This practice is widely accepted and customary, with the appointed surveyor obligated to maintain impartiality. Therefore, there should be no concern about being disadvantaged by agreeing to a jointly appointed surveyor.

Nonetheless, it’s crucial to choose a surveyor well-versed in Party Wall affairs. This expertise should encompass drafting Schedules of Condition and Party Wall Awards that comprehensively address potential project-related issues, including security measures, noise mitigation, vibration control, dust management, and temporary access arrangements.

Option 3: Provide and Instruct Your Own Surveyor

If you find yourself dissatisfied with the building owner’s choice of surveyor, you have the option to dissent and engage your own separate surveyor. Typically, under normal circumstances, the building owner bears responsibility for covering all reasonable surveyor fees.

Subsequently, the two surveyors will collaborate to negotiate the terms of the Party Wall Award, ensuring fairness and reasonableness for both parties. In the event of any impasse, the two surveyors will jointly appoint a third surveyor, who will adjudicate and make a final decision. However, it’s worth noting that such a situation is uncommon.

At Roger Hannah Chartered Surveyors, we possess extensive experience in Party Wall matters and can represent either party (or serve as a jointly-appointed surveyor) for a range of projects, including renovations, construction, and demolition, such as basement extensions and loft conversions.