You can choose to give your consent to the proposed works by signing and returning the notice to the building owner within the specified time frame.

This means that you agree to the works and waive your right to appoint a surveyor.

However, it is important to ensure that the works are compliant with the Party Wall Act 1996 and that you are satisfied with the terms of the proposed works.

You may wish to consent to the notice subject to a condition survey being undertaken of your property prior to the start of their works. This should reduce the risk of a dispute in the event that any damage is subsequently discovered.

If you have concerns about the proposed works, you have the right to dissent to the notice and appoint a surveyor.

The surveyor will act on your behalf and ensure that your interests are protected during the works.

It is important to appoint a qualified and experienced party wall surveyor who can provide you with the necessary advice and guidance throughout the process.

What happens if my neighbour dissents the notice?

In these circumstances your neighbour would be obliged to appoint a Surveyor who would work with your Surveyor (or act as the Agreed Surveyor of the parties) in producing an award that would authorise the works.

If each of you appoint a Surveyor then their first role is the nomination of a Third Surveyor.

Once the tribunal is in place then the two Surveyors would progress with a site visit and the drafting of the Award.

Why is there a third surveyor?

A third surveyor is typically appointed when there is a dispute between the two appointed surveyors or when the two surveyors are unable to agree on a matter related to the works.

The third surveyor acts as an independent and impartial expert who can help resolve the dispute and make a final determination on the matter.

Under the Party Wall Act of 1996, the two appointed surveyors can select a third surveyor, or if they are unable to agree on a third surveyor, either party can request that the local authority appoints one.

The third surveyor is typically selected based on their expertise and experience in party wall matters.

The third surveyor’s role is to review the dispute and the evidence provided by both surveyors. They will then make a final determination on the matter, which is known as a third surveyor’s award. The third surveyor’s award is binding and final, and both parties must comply with the terms and conditions set out in the award.

The appointment of a third surveyor can help to resolve disputes and avoid costly and time-consuming legal action. The third surveyor acts as an independent and impartial expert, which helps to ensure that both parties’ interests are protected and that the works are carried out safely and responsibly.

You should be aware that it is very seldom that an agreement between Surveyors cannot be reached and therefore the involvement of the Third Surveyor is quite rare.

If you fail to respond to the party wall notice, you will be deemed to have dissented to the works and the building owner will have the right to appoint a surveyor on your behalf.

This may result in additional costs and delays to the works, so it is important to respond to the notice in a timely manner.

Whilst we can advise you on the possible impacts and risks of the proposed works on your property, we cannot make the decision of whether to consent or dissent for you.

We think this is a very good idea by way of protection for both sides.

From your neighbours point of view it will mean that they will have a record of the condition of your premises prior to their works commencing and will not be subject to any claim for pre-existing damage.

In addition by understanding the condition of your property, the Surveyors, if appointed, can factor any necessary safeguarding and protections which may be necessary.

From your point of view, it means that any new damage caused by the neighbours works should be obvious to identify and therefore quicker to resolve and rectify.

In the event of a dispute, the party wall surveyors will act as a neutral third-party and work to resolve the issue.

They will review the proposed work and assess the potential impact on the shared wall or boundary.

The Surveyors will also undertake a site visit to understand better the potential risks of the works and to undertake a schedule of condition of your property.

They will then produce and serve a Party Wall Award which will include various protections and safeguards for your property.

It is important to note that a party wall award is a legally binding document, and all parties involved must comply with its terms. Failure to do so can result in legal action and potential financial penalties.

Once the Award is served, both you and your neighbour have a period of 14 days within which the Award can be appealed, failing which it becomes a fully binding document.

Professional fees are apportioned broadly on the basis of which party will benefit from the works being undertaken.

In almost all circumstances all the professional fees are paid for by the person initiating the works and therefore as an Adjoining Owner, the process is typically at no cost to you.