Adjoining Owner under The Party Wall Act
Usually an Adjoining Owners first finds out about the Party Wall Act when a Party Wall Notice gets posted through the letterbox.
An Adjoining Owner would have a minimum of two options on the notice reply form – they can consent or dissent to the notice. If the statutory 14 day period elapses the Adjoining Owner a dispute arises under the Act.
When a dispute arises, both parties must appoint a Surveyor to settle the dispute and who agreed the ‘Party Wall Award’.
A Party Wall Award is a legally binding document and includes details of the appointing owners, the appointed surveyors, notifiable works under the Act, clauses that specify the manor of the works and how they are executed. An appendix is typically included and usually forms a ‘schedule of condition’ of the neighbours’ property, latest drawings and any method statements that may apply.
Typically the building owner will be responsible for all sets of surveyor’s fees. We say ‘typically’ as the liability of fees isn’t specifically stated in the Act and it is for the determination of the appointed surveyors to award fees. However it is extremely common for surveyors to award fees to the building owner. We would be very happy to discuss this in more depth with you.
If you require advice on any matters relating to the Party Wall Act please do not hesitate to contact us or fill out the form below: