Adjoining Owners

Your neighbours are planning on doing some work.  Here are some of the things you need to know.

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What you need to know

As the adjoining owner you have a right to ensure you are not unduly inconvenienced by your neighbours’ work. We will also make sure your neighbour is legally responsible for correcting any damage that may be caused.

Party Wall information For Adjoining Owners

When Should I receive notice?

Is all work notifiable?
No. Only certain types of work are notifiable under The Party Wall Act. In general, any works on or at the boundary line are notifiable. Also, any cutting in to a shared wall or structure and any excavations within 3m of your foundations will also require a notice to be served.

Notifiable works are set out in sections 1, 2 & 6 of the Act.  They include:

Works covered by section 1:

  • Construction of a new wall either at or astride the line of junction (the legal boundary between two owners)

Works covered by section 2:

  • Cutting into a wall to take the bearing of a beam, for example for a loft conversion
  • Inserting a damp proof course, even if only to your own side of a party wall
  • Raising a party wall and, if necessary, cutting off any objects preventing this from happening
  • Demolishing and rebuilding a party wall
  • Underpinning a party wall or part of a party wall
  • Weathering the junction of adjoining walls or buildings by cutting a flashing into an adjoining building

Works covered by section 6:

  • Excavating foundations within three metres of a neighbour’s structure and lower than its foundations
  • Excavating foundations within six metres of a neighbour’s structure and below a line drawn down at 45° from the bottom of its foundations.
When should I receive a notice?
Your neighbours should serve written notice at least one month before the start of works (two months for work to a shared structure). If you neighbour has not served a notice and are starting work, we suggest you contact us as soon as possible.
How should I respond to a notice?
As adjoining owners, you are given 14 days to respond to a notice. Your response can be one of three options:

  • Consent to the work – no further action is necessary, and the project may begin as soon as the notice period has run (or sooner by agreement).
  • Dissent and Appoint a Surveyor – Both parties appoint a surveyor to oversee the notifiable works and assess the potential impact on your property. They will carry out a survey on your property to record the existing and ensure you are covered in the event of any damage occurring. The surveyors will then produce a party wall award which sets out the terms under which the works can proceed.
  • Dissent and appoint an Agreed surveyor – as above, but there is a single surveyor acting on behalf of both parties.

If you have received a notice will be happy to discuss your options and respond on your behalf. Our costs are covered by the people carrying out the work.

What Happens Once I Have Appointed a Surveyor

Site Survey
Once we are appointed to act on your behalf, we will arrange to visit your property to assess the impact of your neighbours’ work and discuss any specific concerns in more detail. We will consider the logistical aspects of the work (access, site set up, hoarding, scaffolding…etc) and discuss what your neighbours can and cannot do. We will also record the existing condition of your property to make sure you are fully covered in the event of any damage occurring.
Schedule of Condition
The Schedule of Condition is the document used to record any existing defects at your property. The purpose is to provide an accurate starting point from which any new damage can be assessed and recorded.

It is your neighbour’s responsibility to ensure an accurate Schedule of Condition to prepared, but we will arrange the access with you and will oversee the process on your behalf.

Party Wall Award
The party wall award is a legally binding agreement that sets out the terms under which work can proceed. After having assessed the site-specific issues the surveyors will prepare the award and issue to all parties. The award usually deals with the following items:

  • Agrees the work that may or may not be carried out
  • Places a legal responsibility on your neighbours to correct any damage
  • Agrees how and when access may be provided where it is necessary to carry out the work
  • Sets out the timings of the notifiable works
  • Sets out the safe methods of working
  • Sets out details of any protective screening, hoarding or other safety measures
  • Apportions the costs of the surveyor’s fees to the building owner.

We will always discuss the terms of the award with you. Once it is signed by the surveyors it then gets served on both parties and the work may then proceed in accordance with the terms set out.

Rectifying Damage
The award will contain a clause that requires your neighbour to put right any damage to your property caused by their works. Where damage occurs, we will arrange to visit your property and assess the extent of the damage. We will refer to the Schedule of Existing Condition (produced before the works begin) to confirm the damage gas been caused by the work. Where necessary we will prepare a Schedule of Damages to itemise the problems caused.

You will have the choice of how you would like the damage rectified. There will usually be two options:

  1. Your neighbours send their builders in to correct the damage, at their cost, or:
  2. We make an assessment of the costs of remedial works and your neighbours make a payment in lieu of correcting the damage.
Who Pays the Surveyors Fees?
In usual circumstances, the cost of all surveyors’ fees are paid by the building owner carrying out the work.

Are you a Building Owner?

If you are planning on doing some work to your property here are some of the things you need to know before you get started.
Learn more

Working With Us

Working with us couldn’t be simpler, if you have received a notice just send it over and we will contact you to discuss your specific concerns. We will then respond on your behalf and deal with the entire process. Use the form below or email us at office@whiteandlloyd.com

Send us a Message

 

Head Office

Devon House
11 High Street
Thames Ditton, Surrey
KT7 0SD
0208 191 7747

office@whiteandlloyd.com

London Office

Chester house
81-83 Fulham High Street
Fulham Green, Fulham
SW6 3JA
0203 637 2213