25th April 2024
Roger Hannah
As per the provisions outlined in The Party Wall, etc. Act 1996, the terms “adjoining owner” and “adjoining occupier” refer to any individual who owns or occupies land, buildings, stories, or rooms that are contiguous to those owned by the building owner. These terms specifically apply to Section 6 of the Act, concerning adjacent excavation and construction, within the prescribed distances specified in that section.
The building owner, as defined by the Act, is an individual who owns land and intends to exercise rights granted by the Act. This definition encompasses:
(a) Any individual who receives or is entitled to receive all or part of the rents or profits from land. (b) Any individual in possession of land, excluding those holding it as a mortgagee or as a tenant under specific terms. (c) Any individual who has purchased an interest in land through a purchase contract or lease agreement, excluding agreements for a tenancy from year to year or for a shorter duration.
Protections of the adjoining owner under the Party Wall Act
The Act safeguards the concerns of neighbouring owners by mandating prior notification of any potentially impactful works and affording property owners the authority to carry out certain works that might otherwise constitute trespass or nuisance.
Under Section 10 of the Act, if an adjoining owner does not provide written consent to works notified by the building owner pursuant to Sections 3 and 6, both parties must either mutually agree on appointing a single surveyor (referred to as the Agreed Surveyor) to represent them both or each appoint their respective surveyor to resolve disputes through an award.
The statutory process proceeds even if the adjoining owner remains inactive. A dispute can arise if the adjoining owner actively dissents, signalling objection to any matter related to the works. The method of expressing dissent is immaterial; however, if the adjoining owner neither consents nor dissents within 14 days of receiving a notice under either Section 3 or Section 6, the Act automatically deems dissent to have occurred.