Adjoining Owners

Identifying 'Adjoining Owners'

Under the Act, an 'Adjoining Owner' is anyone who is an owner of land, buildings or rooms adjoining those of the 'Building Owner'.

When undertaking excavations under Section 6, a property is deemed to be adjoining if it is within the relevant distance (3m or 6m) even if it is not actually adjoining.

The adjoining property may have a freehold owner and a leasehold owner. Both of these may be 'Adjoining Owners' under the Act and, in which case, would both need to be served Notice for the same work.

I Have Received A Notice

If you have received a Notice you should reply in writing within 14 days of receiving it. You may:-

  • Consent to the Notice. Work may commence after consent, surveyors do not need to be appointed and an Award is not produced.
  • Dissent to the Notice. If you cannot resolve the matter between you a surveyor or surveyors must be appointed.

If you do not respond to a Section 1 Notice about an intended new wall built up to (but not astride) the line of junction, the work can commence after the one month notice period.

If you do not respond, in writing, within 14 days to a notice about an intended new wall built astride the line of junction, the Building Owner must build the wall entirely on his own land and the work can commence after the one month notice period.

If you do not respond to a Notice to an existing Party Wall (Section 2, served under Section 3), or a Notice about excavations (Section 6) within a period of 14 days, a dispute is deemed to have arisen and a surveyor or surveyors must be appointed.

What Happens Next?

If you have dissented, a surveyor must be appointed to resolve the dispute.

You may agree with the Building Owner to appoint a single surveyor known as the 'Agreed Surveyor', or

The Building Owner and the Adjoining Owner appoint separate surveyors.

The surveyor(s) undertake a Schedule of Condition of your property, with your permission, and serve the Party Wall Award.

If you disagree with the Award you may appeal it in court within 14 days.

Fees

The Building Owner proposing the work generally pays the Adjoining Surveyor's costs.

Contact

Please contact us if you would like any advice on how to respond to Notices or if your neighbour has started work without issuing you a Notice.

Reference Documents

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