If you are the owner proposing to carry out the building works you must identify whether the works are governed by the Act. If the works are, you must serve the correct statutory notice. The notice period is either one or two months from service of the notice depending on the type of works to be undertaken.
Once notice has been served the adjoining owners have three options;
- Agree in writing to the works to be undertaken, once this is agreed the works can proceed.
- Dissent (not agree) to the works and instruct the same surveyor as the building owner as Agreed Surveyor who will prepare and serve the Party Wall Award.
- Dissent to the works and instruct their own surveyor. The two surveyors will then prepare and serve the Party Wall Award.Once an adjoining owner has dissented you must instruct a Surveyor to act on your behalf as the Building Owner cannot act on their own behalf in this matter.
If the adjoining owner’s do not agree in writing, the preferred solution would be to appoint one surveyor (Agreed Surveyor) to draw up and serve a Party Wall Award. This surveyor must be independent and should not be involved in the design or specification of the works. It is a statutory role and the Party Wall Award sets out what can and cannot be done during the building works in accordance with the Act.
We can assist you by:
Providing professional advice at an early stage.
Evaluate your proposed building works.
Serve all necessary notices in full compliance with the Act.
Undertake schedules of condition for the relevant property.
Serve the Party Wall Award in line with the Act.
Impartially assess and advise if any damages occur from the works.
Monitor building works relating to the party wall.