Responding to our party wall notices

Have you received one of our notices?
Read below to understand what options you have before responding to them

Option 1 - CONSENT

Works can proceed with no further action

This option means that your neighbours works can proceed without the need of a condition survey of your property to be carried out or an Award/Agreement.

If any damage occurs during the works, you can still raise a dispute however costs may not always be covered by the Building Owner doing the works and you would need to be able to prove any damage in absence of the condition survey.

OPTion 2 - Consent with conditon survey only

Works may proceed once the conditions have been satisfied. Any conditions must be reasonable and relevant to the works detailed in the notice(s).

The most common condition here is a Condition Survey to be carried out of the neighbouring owner's property.

This option would see us as Agreed Surveyors between the owners to carry out a condition survey. This option is usually a cheaper option than an Award.

The survey will be of a visual nature with photographs taken and stored on the file of the Surveyor. A written report will be produced by the Surveyor which will be shared between the owners for their records.

Option 3 – Dissent to the works and appoint an Agreed Surveyor.

Party Wall Award required, with a schedule of condition with 1 shared surveyor

An Agreed Surveyor is a Surveyor that both parties agree to appoint. They will act impartially on behalf of both parties as their appointment is a statutory one, so they do not work for a ‘client’; much the same way as a judge. This Surveyor can be any that both parties agree to. Often a Surveyor is suggested by the Building Owner in their notice(s) or covering letter.

As in option 2, the Agreed Surveyor will complete the schedule of condition and draft and serve the Award before the works can start. Once the Award is served, the Agreed Surveyor’s role is fulfilled and they no longer have jurisdiction for any further matters arising. If any further matters arise, the Agreed Surveyor’s appointment can be reinstated to deal with any matters (relating only to the works in the notices, or incidental thereto) under dispute, in accordance with the Act.

At Mosaic Party Walls Ltd, we will always be available for advice after the service of an Award, often at no further cost, where some surveyors may charge a fee.

The party proposing the works is expected to cover the reasonable fees (for Surveyors, consultants and the works) incurred by the Adjoining Owner. In most cases the Owner carrying out the works will cover the costs of the Award.

Option 4 – Dissent to the works and appoint your own Surveyor.

Party Wall Award required, with a schedule of condition with 2 surveyors, on acting for each party

With this option, each owner must appoint their own Surveyor to act for them. The two Surveyors will act together, impartially and do not have a ‘client’ as their appointment is a statutory one, in accordance with the Act.

The two appointed Surveyors will then appoint a Third Surveyor who will only become involved if instructed by either/both Surveyor(s) or either owner. Where the Third Surveyor would incur fees, the owners will be notified before progressing.

The party proposing the works is expected to cover the reasonable fees (for Surveyors, consultants and the works) incurred by the Adjoining Owner. The reasonableness of fees and any split between the owners will be determined by the appointed Surveyors, or if necessary, the Third Surveyor.

In most cases the Owner carrying out the works will cover the costs of the Award so this is the most costly option for the Building Owner proposing the works.

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