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Who Bears Responsibility for Reported Damage if the Building Owner Couldn't Conduct a Schedule of Condition Due to Lack of Access or Availability?
Friday 29th November 2024
Carl O'Boyle BSc MRICS FCIOB MFPWS
Under the Party Wall etc. Act 1996, if you serve a notice on your neighbour (adjoining owner) and they fail to respond within 14 days, this is considered a “deemed dissent.” The Act has a clear mechanism to deal with this situation:
Steps When the Adjoining Owner Does Not Respond:
1. Deemed Dissent:
• If no response is received within 14 days of serving the notice, the law assumes that the adjoining owner does not consent to the works.
• This triggers the requirement to appoint a surveyor or surveyors to resolve the matter.
2. Appointment of Surveyors:
• You, as the Building Owner, must appoint a Party Wall Surveyor to act on your behalf.
• The adjoining owner then has a further 10 days to appoint their own surveyor. If they fail to do so:
• You can appoint a “Third Surveyor” on their behalf. This is a neutral party who will represent the adjoining owner’s interests.
3. Preparation of a Party Wall Award:
• The appointed surveyor(s) will prepare a Party Wall Award, which outlines:
• The scope of the works.
• How they will be carried out.
• Measures to safeguard the adjoining owner’s property.
• Compensation or additional provisions, if necessary.
• The award is legally binding on both parties.
4. Proceeding with Works:
• Once the Party Wall Award is in place, you can proceed with the works in accordance with the terms set out in the award.
5. Costs:
• The building owner is typically responsible for the surveyor(s)’ fees and any costs associated with resolving the matter, unless the adjoining owner caused unnecessary delays or disputes.
Important Notes:
• If the adjoining owner responds after the initial 14 days but before the surveyor is appointed, they can either:
• Consent to the works, in which case no surveyor is needed.
• Continue to dissent and appoint their own surveyor.
• Court Involvement: If there is any dispute about the process, either party can appeal the Party Wall Award in the County Court within 14 days of the award being served.
This mechanism ensures that works can proceed even if the adjoining owner is unresponsive, while still protecting their interests under the law.
