There are three different Party Wall Notice responses open to an adjoining owner upon receipt of a Party Wall Notice.
Party Wall Notice Response Option 1 – Consenting to the Party Wall Notice
Consenting to the Party Wall Notice will mean that the building owner is able to commence their planned construction works.
By consenting, the adjoining owner will be reserving the legal protections that the Party Wall Act affords them. This includes the appointment of a party wall surveyor.
A common request upon an adjoining owner consenting to a Party Wall Notice is for the building owner’s party wall surveyor to complete a Schedule of Condition report of their property.
Schedule of Condition Report
A Schedule of Condition report is a pre-works record and will benchmark the condition of that property, prior to the building owner’s works commencing on site.
During the Schedule of Condition report, the party wall surveyor will undertake a comprehensive record of the adjoining owner’s property.
This will then act as a benchmark, and an all important go-to document in the event that there is any damage, or damage allocation further down the line and as a result of the building owner’s works.
Party Wall Notice Response Option 2 – Dissenting to the Party Wall Notice and Appointing their own Party Wall Surveyor.
If an adjoining owner opts to dissent and appoint their own party wall surveyor, the building owner will also need to appoint a surveyor.
Those party wall surveyors will then administer the Party Wall Act and ultimately agree Party Wall Award.
Party Wall Notice Response Option 3 – Dissenting to the Party Wall Notice and Appointing an Agreed Party Wall Surveyor.
If an adjoining owner selects an agreed surveyor, they will effectively be agreeing the use of a single party wall surveyor that can act on behalf of both themselves and the building owner.
The party wall surveyor will act impartially, administering the Party Wall Act and undertaking all of the same activities as if there were two surveyors.
The conclusive outcome to any Party Wall Notice dissent is the agreement of a Party Wall Award.
Party Wall Award
A Party Wall Award is a legal document that governs the building owner’s planned construction works while also offering the adjoining owner protection above and beyond common law.
A Party Wall Award will include a Schedule of Condition report as standard, the building owner’s construction plans and drawings and very often, governing clauses and requirements that the building owner and their contractors will need to adhere to during the course of their planned construction work.
If you would like to speak to our team of party wall surveyors here at Stokemont, please feel free to get in touch with us today.
