The Party Wall Notice gives the adjoining owner a deadline of 14 days to respond to the Notice and to appoint their own surveyor as necessary.
If the opposing party does not respond within 10 days, your surveyor can then serve another notice which will give them 10 more days to respond.
In the better case scenario, if your neighbours agree to the works, you may not need a Party Wall Award and the building work can commence.
Make sure the consent you receive is in writing and not just verbal.
If the adjoining owner does not reply within the relevant periods, then a surveyor will have to be appointed for them and a dispute is “deemed” to have arisen.
If the other party dissents, then an “actual” dispute is in effect. It is possible that they serve you with a counter notice which asks you to make changes to your proposed project. Wherever possible this is an opportunity to resolve any problems and agree what work can go ahead.
If you can’t come to an agreement and a dispute is still in place, you must appoint a surveyor to make and serve a Party Wall Award. This document will include the schedule of condition, access rights and potential remedial work required to be carried out. Your neighbour has the right to appoint their own surveyor (at the building owner’s expense) or agree to the appointment of one surveyor acting for both parties (an “Agreed Surveyor”).
So, if you must have a Party Wall Award, then you must appoint a surveyor to handle the process. Although this incurs a cost against the Building Owner, this work is effectively delegated and may even be improved on, give that your surveyor is supposed to help you sort out any issues.
To understand your specific situation, please contact one of our experienced London RICS party wall surveyors who will be able to give advice tailored to your needs.
