In this article we are going to be discussing building owner expectations when it comes to the service of a Party Wall Notice.
The content of this articles assumes you have a basic understanding of the Party Wall Surveying procedures.
It’s important for building owners (the owner who is completing the construction works) to have clear understanding and expectations on an adjoining owner’s Party Wall Notice response.
SHOULD I EXPECT A CONSENT?
In most cases, an adjoining owner is likely to dissent to the Party Wall Notice.
This is rarely a result of any ill feeling towards the planned works. However, instead to ensure their property benefits from the protections that the Party Wall etc Act 1996 (The Act) affords them.
The Act gives an adjoining owner protections above and beyond common law, therefore if an adjoining owner does consent to a Party Wall Notice, they are somewhat reducing the protections their property benefits from.
For this reason, building owners should be well prepared and understand that adjoining owners will rarely consent upon receipt of a Party Wall Notice.
CAN A BUILDING OWNER INFLUENCE NOTICE RESPONSE?
In short, No. The Notice is a legal document and an adjoining owner should consider and decide on their response, free from any building owner opinion, or in some cases pressure.
However, building owners can take steps to ensure the Party Wall Notice is best received by the adjoining owner.
GETTING THE BEST NOTICE RESPONSE
DISCUSSING THE WORKS
The more information an adjoining owner has about the planned works, the more informed they will be.
This tends to lend itself to a more favourable response as the adjoining owner will understand both the risks and the impact of the works.
EARLY NOTICE
The more notice of the works an adjoining owner is given, the more favourable their response is likely to be.
This also ensures they are given forewarning of the works and can therefore advise you of personal needs that may require quiet working hours, reduced working hours, work breaks etc.
Accommodating these can very well assist in favourable response.
SERVING NOTICE BY HAND
It’s a simple one, however the building owner serving their Party Wall Notice by hand goes a long way to humanise the planned works.
It also gives the owners a important opportunity to discuss the works and importantly explain them in a way that a letter can’t.