What happens once we serve the Party Wall Notices?
After the notice has been served, you will need to wait for a response from your neighbours. If they consent to the proposed work, you can proceed as planned. However, if they object to the work or fail to respond within 14 days, a party wall dispute may arise, and it will be necessary to appoint a party wall surveyor to help mediate the disagreement.
In considering the notices, your neighbours have three broad options:
- Consent to the works – They can choose to give their consent to the proposed works by signing and returning the notice to us within the specified time frame. This means that they agree to the works and waive their right to appoint a surveyor. Some people will consent subject to the undertaking of a schedule of condition prior to the commencement of the works.
- Dissent to the works and appoint a surveyor – If they have concerns about the proposed works, they have the right to dissent to the notice and appoint a surveyor. The surveyor will act on their behalf and ensure that their interests are protected during the works. They can appoint the same Surveyor as an Agreed Surveyor or appoint a separate Surveyor.
- Do nothing – If they fail to respond to the party wall notice, they will be deemed to have dissented to the works and the we will have the right to appoint a surveyor on their behalf.
It is important to remember that the Party Wall etc. Act 1996 is designed to protect the interests of both building owners and adjoining owners, and following the correct procedures can help to prevent disputes and ensure that the works are carried out safely and legally.
In conclusion, the preparation and service of a notice is an essential step in the construction process for properties in the UK. By following the legal requirements and ensuring that all affected parties are properly informed, you can avoid potential disputes and ensure that your construction project is completed smoothly.
What happens if my neighbour dissents the notice?
In these circumstances your neighbour would be obliged to appoint a Surveyor who would work with your Surveyor (or act as the Agreed Surveyor of the parties) in producing an award that would authorise the works. If each of you appoint a Surveyor then their first role is the nomination of a Third Surveyor. Once the tribunal is in place then the two Surveyors would progress with a site visit and the drafting of the Award.
Why is there a third surveyor?
A third surveyor is typically appointed when there is a dispute between the two appointed surveyors or when the two surveyors are unable to agree on a matter related to the works. The third surveyor acts as an independent and impartial expert who can help resolve the dispute and make a final determination on the matter.
Under the Party Wall Act of 1996, the two appointed surveyors can appoint a third surveyor, or if they are unable to agree on a third surveyor, either party can request that the local authority appoints one. The third surveyor is typically selected based on their expertise and experience in party wall matters.
The third surveyor’s role is to review the dispute and the evidence provided by both surveyors. They will then make a final determination on the matter, which is known as a third surveyor’s award. The third surveyor’s award is binding and final, and both parties must comply with the terms and conditions set out in the award.
The appointment of a third surveyor can help to resolve disputes and avoid costly and time-consuming legal action. The third surveyor acts as an independent and impartial expert, which helps to ensure that both parties’ interests are protected and that the works are carried out safely and responsibly. You should be aware that it is very seldom that an agreement between Surveyors cannot be reached and therefore the involvement of the Third Surveyor is quite rare.
The Party Wall Award
The surveyors will agree on a award or agreement that sets out the details of the proposed works, including:
- The scope and nature of the works.
- The condition of the adjoining properties before the works commence.
- Measures to protect the adjoining properties during the works, such as protective scaffolding, vibration monitoring, and dust suppression.
- The timing and duration of the works.
- The responsibility for the costs of the works, including surveyor’s fees and any compensation payable to the adjoining owner.
The award is a legally binding document that sets out the rights and obligations of the building owner and the adjoining owner and is designed to prevent disputes from arising during or after the works.
The surveyors will also carry out a schedule of condition survey before the works commence to document the condition of the adjoining properties. This is to ensure that any damage caused by the works can be identified and remedied.
Throughout the works, the surveyors may monitor the progress of the works to ensure that they are being carried out in accordance with the party wall award. Once the works are completed, the surveyors may carry out a final inspection to ensure that the works have been completed to a satisfactory standard and that any damage caused by the works has been remedied.
Overall, the role of the surveyor is to protect the interests of both building owners and adjoining owners and to ensure that the works are carried out safely, legally and with minimal disruption to all parties involved.
What if the neighbours property is damaged?
If your neighbor’s property gets damaged during the works, you may be liable for the cost of repairing the damage. Under the Party Wall Act of 1996, if damage occurs as a result of the construction work, the party wall surveyor will determine the extent of the damage and assess the cost of repairing it. The cost of repairing the damage will be the responsibility of the party carrying out the works, and they will be required to pay the costs of the repair promptly.
If the parties cannot agree on the extent of the damage or the cost of repairing it, the party wall surveyor will provide an award outlining the terms and conditions of the repair work to be carried out. Failure to comply with the party wall award can result in legal action and potential financial penalties.
It is important to take steps to prevent damage to your neighbour’s property during the construction work by following the correct procedures and ensuring that the work is carried out in a safe and responsible manner. Additionally, it is recommended to obtain adequate insurance coverage to protect against any potential damages or liabilities that may arise during the works.
How much does this all cost?
In asking this question many people are often unhelpfully advised that the cost of the party wall process can vary depending on the complexity of the construction work and the nature of the dispute. We at Graham Kinnear Property Consultants believe that we should provide a fixed fee quote at the outset to cover all eventualities. We charge £190 plus VAT for the preparation and service of all required party wall notices. Then, if the neighbour dissents, we have a fixed fee price for taking the matter to conclusion. This approach seems fairer and more transparent and we hope you agree. Accordingly we have a quote calculator (link to calculator) which will give you an exact quote.
Ready to appoint us or still have more questions?
Please give us a call at our central administration office on 01843 583500 or email cheryl@grahamkinnear.com and she can allocate you to the Surveyor who can handle your matter. We look forward to working with you.