Building Owner under the Party Wall Act
A Building Owner who is planning on carrying out works should plan early. There are three different sections on where you works may apply.
If you are proposing an extension, loft conversion or general alterations then the Act may apply. Shore Engineering are happy to provide free advice to determine if your works may require a Party Wall Notice.
If your works do fall under the Act, the next step is to serve a Party Wall Notice.
You can serve notice yourself, or alternatively appoint Shore Engineering to do this on your behalf. We would serve the initial notices free on behalf of our clients and in the event a dispute occurs we would act on your behalf to agree the necessary Party Wall Award – only then will you start to incur fees from us – we will provide a bespoke fee quote prior to serving any notices and outline all potential fees.
The notice will be served to any affected adjoining owner (freehold, leasehold or ‘more than yearly tenants’) and they will have 14 days to consent or dissent to the notice. If the 14 day period expires, a deemed dispute arises under the Act. When a dispute (purely terminology this doesn’t mean your neighbour wants to stop your works) arises, then both parties would appoint a surveyor and they would agree a ‘Party Wall Award’ prior to works commencing.
The Building Owner would usually be responsible for all Surveyor’s fees. Should the fee be unreasonable for any reason, then the Third Surveyor (if selected) may settle the dispate as they act as referee – this is quite rare and we would advise in this scenario.
If you are planning on undertaking works that fall under the Party Wall Act, we would be very happy to discuss your options and offer a fee proposal in the event a dispute arises. Do not hesitate to contact us.
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: