Adjoining Owner Action Sheet

Adjoining Owner – Action Sheet

If you have received Party Wall Notice(s) from a Building Owner

  1. You have 14 days, from service of the Notice, to agree (consent) to the works. If you do consent the Building Owner may then proceed with the work as advised in the notice OR
  2. If within 14 days, from service of the Notice, you write to the Building Owner dissenting (disagreeing) OR if you fail to respond within 14 days then a dispute has arisen (or is deemed to have arisen) and both you & the Building Owner you must

EITHER:

Each appoint a Surveyor

OR

agree upon an “Agreed Surveyor”

NOTE: If you each appoint a Surveyor, the two Surveyors will agree upon the identity of a Third Surveyor. As matters proceed if you, the Building Owner, or either of the two Surveyors have any disagreements that the two Surveyors cannot resolve the Third Surveyor can determine the matter

BUT

If you appoint an “Agreed Surveyor” and you disagree with his actions there is no Third surveyor or easy means of challenging the Agreed Surveyor’s decisions.

If you choose to appoint a Surveyor under most circumstances the reasonable costs will be paid by the Building Owner if the work is purely for his benefit.

If you do not respond after the 14 day period, you will likely receive a letter formally calling upon you to appoint a Surveyor. DO NOT IGNORE THIS LETTER because after 10 days the Building Owner will be at liberty to appoint a Surveyor to act for you. From this point on, the matter will proceed to Award or as the two Surveyors see appropriate having due regard for the provisions of the Act..

ADJOINING OWNERS WHO CHOOSE TO BE, OR ARE, INACTIVE SHOULD BE AWARE THAT THE PARTY WALL PROCEDURE IS CAPABLE OF PROCEEDING TO CONCLUSION WITHOUT THEIR PARTICIPATION.

Adjoining Owners can within 30 days of service of a Notice, serve a counter notice varying the scope of works proposed in the original Notice (although there are other conditions contained within the Act that would establish whether the Building Owner was obliged to proceed on the basis of the counter Notice)