Thank you for clicking on our Party Wall Surveying Blog post, we hope this helps you develop your understanding of the Party Wall Surveying procedures.
In today’s Blog we are going to be looking at whether an adjoining owner can dissent to the building owners works even after giving consent to the Party Wall Notice that was served upon them.
This question is one that is so commonly asked so we hope that this blog post clears this up.
Under the Party Wall Etc. Act 1996 if your neighbour wishes to carry out construction works to their property that is either:
- Works directly to the party wall, a party structure or a party fence wall.
- Excavations within 3m or 6m of a neighbouring structure.
- Construction of new walls built up to or astride the boundary line.
Then they must provide you with a Party Wall Notice at least 1 or 2 months before they wish to start the works.
In the Act, the building owner is the legal owner who is undertaking construction works to their property and the adjoining owner is the legal owner who neighbours the construction works.
As the adjoining owner, one of your response options is to consent to the works, this will allow the building owner to commence their works without any further formalities or Party Wall procedures.
Before giving consent, it is advisable to carefully consider the alternative response options to a Party Wall Notice. As an adjoining owner you are well within your rights to appoint either an Agreed Surveyor or a Party Wall Surveyor to act on your behalf.
The Party Wall Surveyor will assess the building owner’s intended works to identify the risks to your property which can stop you from being in the situation of trying to dissent after giving consent.
So, are you able to dissent to the works after you have previously given consent?
This can be a difficult position to be in as with any contract, once an agreement has been made and you have given the building owner consent to start their works it cannot be broken.
Although, if an issue does arise – once the building owners work have started – then it might be possible to then dissent to the works. The issues could include:
- Damage to your property
- Issues relating to access onto your land
- The hours in which the works are taking place
If an issue of this nature does arise, then here at Stokemont we would always advise that you aim to resolve the matter by speaking directly with the building owner. This is usually a far less time-consuming and less costly method of resolving disputes.
However, if this discussion does not go to plan with the building owner and the issue is not resolved then it would be advisable to appoint an experienced Party Wall Surveyor who can assist in resolving the dispute.
The Party Wall Surveyor can step in to assess whether the damage to the adjoining owner’s property is a result of the building owners works, whether the building owner is using access in ways he shouldn’t or if the building owner’s works are being carried out at the wrong times.
If the Party Wall Surveyor does decide that the damage to the adjoining owner’s property is directly correlated to the building owners works, they will then calculate the cost of the damage and ensure that the correct remedial works are carried out.
Under the act, the adjoining owner has two options for the repair of the damage, either:
- They allow the building owners contractor to carry out the repairs
- They request compensation for the damage and appoint their own contractor to repair the damage
It is important to note that the act is in place purely to protect the adjoining owner. Not only will the building owner be liable to pay for the repair costs, they will also be responsible for paying the Party Wall Surveyor’s fees for acting on the matter. For this reason, the Party Wall Surveyor will focus on solving the issues in the most time and cost-efficient way.
If you are an adjoining owner who is concerned about your neighbour’s construction works, we would always advise that you seek the advice of an experienced Party Wall Surveyor and here at Stokemont we would be more than happy to help! If you find yourself in the position where you wish to dissent after giving consent do not stress as this is something we have dealt with on numerous occasions.
We can ensure that all the Party Wall procedures are followed so that you are protected against any issues that may arise.
Please do not hesitate to give us a call today for any queries you have relating to the Party Wall Act as we will happily provide you with advice and assistance through the whole process.
