Tel: 01234 959502 / 07703 659053
Email: info@bedfordsurveys.co.uk

Local Independent Surveyors

Frequently Asked Questions

You are obliged to give written notice to anyone with an interest in the party wall or nearby properties (in the case of excavations). we can provide all notices to ensure compliance with the act.

If an adjoining owner disagrees, or does not reply to a notice within 14 days of reciept then he/she is deemed to have dissented and a statutoy ‘dispute’ arises.
We always recommend speaking to your neighbour about your plans first.

Under normal circumstances the building owner would pay the fees, (known as costs) as he is the one undertaking the works, usually for his benefit.  However, the surveyors will make the final determination.

The Surveyors act in a similar, though not identical manner to arbitrators, and therefore must produce an ‘award’. An award regulates the way in which the works are to be conducted as well as other related incidental matters. The award is a legally binding document. A party wall Surveyors remit is strictly limited to those matters governed by the ACt. Consequently, their primary duty is to ensure that the Acts requirements are administered properly, efficiently, and fairly. Once an award has been produced, the suveyor may choose to inspect the works during their course to see they are being properly carried out, and/or at the completion check for any damage to the adjoining owners property.

Both the building owner and the adjoining owner can appeal the award in the County Court within 14 days of being served the award.  You should probably, of course, speak with your appointed surveyor on the matter before doing so, as he is likely to be able to answer your query.

If the Building Owner is doing work on or to a party structure (wall, floor, or fence wall) or digging within the prescribed depths and distances without serving Notices, he is acting outside the law and can be stopped. If you are certain that he is acting in a way that requires action under the Act but has not followed it, you should seek an injunction from the County Court. You should take legal advice before doing this.

You have 14 days in which to respond to the notice otherwise a dispute will be deemed. You have three options:

Consent to the notice – (we recommend a schedule of condition survey is undertaken to from part of a party wall agreement)

Dissent to the notice and concur in the appointment of an agreed Surveyor

Dissent to the notice and choose your own Surveyor.

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Ace Property Solutions Ltd
Bedfordshire
All rights reserved ©
Limited Company
Registered in England & Wales
Company No. 8828130
Ace Property Solutions

Frequently Asked Questions

You are obliged to give written notice to anyone with an interest in the party wall or nearby properties (in the case of excavations). we can provide all notices to ensure compliance with the act.

If an adjoining owner disagrees, or does not reply to a notice within 14 days of reciept then he/she is deemed to have dissented and a statutoy ‘dispute’ arises.
We always recommend speaking to your neighbour about your plans first.

Under normal circumstances the building owner would pay the fees, (known as costs) as he is the one undertaking the works, usually for his benefit.  However, the surveyors will make the final determination.

The Surveyors act in a similar, though not identical manner to arbitrators, and therefore must produce an ‘award’. An award regulates the way in which the works are to be conducted as well as other related incidental matters. The award is a legally binding document. A party wall Surveyors remit is strictly limited to those matters governed by the ACt. Consequently, their primary duty is to ensure that the Acts requirements are administered properly, efficiently, and fairly. Once an award has been produced, the suveyor may choose to inspect the works during their course to see they are being properly carried out, and/or at the completion check for any damage to the adjoining owners property.

Both the building owner and the adjoining owner can appeal the award in the County Court within 14 days of being served the award.  You should probably, of course, speak with your appointed surveyor on the matter before doing so, as he is likely to be able to answer your query.

If the Building Owner is doing work on or to a party structure (wall, floor, or fence wall) or digging within the prescribed depths and distances without serving Notices, he is acting outside the law and can be stopped. If you are certain that he is acting in a way that requires action under the Act but has not followed it, you should seek an injunction from the County Court. You should take legal advice before doing this.

Can't find your question?

If you have a question we haven’t answered, please don’t hesitate to send us a message below.

Ace Property Solutions Ltd
Bedfordshire
All rights reserved ©
Limited Company
Registered in England & Wales
Company No. 8828130