When a property owner (the adjoining owner) receives a party wall notice from their neighbor (the building owner) who plans to undertake construction.
There are generally three response options they can consider under the Party Wall etc. Act 1996. These response options follow:
Consent in Writing: The adjoining owner can choose to provide their written consent to the building owner’s party wall notice.
This consent means that the proposed work can proceed without any further dispute resolution or involvement of party wall surveyors.
Dissent in writing and appoint their own party wall surveyor: The appointment of a party wall surveyor by the adjoining owner confirms that they want the Act’s dispute resolution process to be implemented. Importantly the outcome of this will be the agreement of a Party Wall Award.
Dissent in writing and appoint An “agreed party wall surveyor”: An agreed party wall surveyor” is a party wall surveyor who is jointly appointed by both the building owner and the adjoining owner. This is an alternative approach to the more common practice of each owner appointing their own surveyor.
Failure to Respond: If the adjoining owner fails to respond to the party wall notice within the specified time frame (usually 14 for the first Party Wall Notice, 10 days for the second) Act considers this as a dispute.
In such cases, the building owner can appoint a party wall surveyor on behalf of the adjoining owner to represent their interests.
The appointed surveyor will work alongside the building owner’s surveyor to reach an agreement or make a Party Wall Award.
It’s important for the adjoining owner to carefully consider their response to the party wall notice and seek legal advice if needed. Even if they consent to the notice, it’s advisable to have a party wall surveyor review the proposed work to ensure that their interests and property are adequately protected.
Choosing the appropriate response option depends on the specific circumstances, the nature of the proposed work, and any concerns or conditions the adjoining owner may have. The Act provides a structured framework for addressing these issues and ensuring that the rights and interests of all parties are respected.