Consent or dissent - Party Walls
Автор: Harrison Clarke Chartered Surveyors
Загружено: 2023-10-17
Просмотров: 549
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Timestamps:
0:00 introduction
0:12 What happens when a neighbour consents to the work?
0:57 What options does the neighbour have if they want to dissent from the works?
1:31 What happens if the two surveyors cannot reach an agreement?
1:54 What happens if a neighbour does not respond within 14 days of service?
2:26 If my neighbour has dissented but subsequently consents to the work. do I still need a Party Wall Award?
2:50 How can I obtain advice on how to deal with my neighbour's party wall notice?
What happens after you serve the Notices
The Adjoining Owner or occupier has 14 days to respond. If you receive no reply within 14 days, they are deemed to have dissented.
If, after serving a further notice requiring action within 10 days, no response is forthcoming, your surveyor will be able to make an appointment on the Adjoining Owner’s behalf, so that their interests in the party wall are represented by an independent third party. Once this appointment has been made, a party wall award can progress in the usual way.
The options for a neighbour (Adjoining Owner) dissenting to the works
When responding to the notices, the Adjoining Owner has two options. They can agree to use the Building Owner’s appointed surveyor to act as their ‘Agreed Surveyor’, meaning that both parties’ interests are represented by a single surveyor - an appropriate option for simple works where the Adjoining Owner wants the protection of a party wall award, but issues are unlikely to be contentious.
Alternatively, the Adjoining Owner can appoint their own surveyor. Ordinarily, this means that the Building Owner will bear the costs of two party wall surveyors.
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