Adjoining Owners


 



Whilst your neighbour has rights to carry out certain
works under the Act, he/she also has legal responsibilities to all adjoining
properties and their owners. Furthermore, the Act gives you rights as well
which include the rights to :-

 

 





 

  • Be notified in advance of any building work being carried out to the Party Wall.

 

  • The appointment of a surveyor on your behalf to resolve any dispute- at no cost to yourself.

  • Require reasonably necessary measures to be taken to protect your property from foreseeable damage and not suffer any unnecessaryinconvenience.

 

  • Be compensated for any loss or damage caused by relevant works.

 

  • Ask for security of expenses before any significant work is started so as to guard against the risk of being left in difficulties if work is stopped at an inconvenient stage.


 

Whilst you cannot stop someone from
exercising their rights given to them under the Act, you may be able to
influence how and at what times the work is done



Other considerations may include:-

  • Minimising  the noise/dust etc

  • Compliance with the Health and Safety at Work Act

  • Access requirements to your land.

Issues



  • If the Act is not initiated then your only recourse

    is to common law which can be expensive.

  • If the Act is initiated late then any work

    carried out beforehand is not covered by the Act and your only recourse then

    would be to common law.

  • If you do not or refuse to respond to a notice froma Building Owner, he/she will be able to appoint a surveyor “on your

    behalf”  so that the dispute resolution

    process can proceed without your co-operation! This is obviously not the best

    situation for you.

  • If the work stops before completion for a

    variety of reasons including bankruptcy of the builder you may be left with a

    dangerous structure and your property blighted without any recourse except

    common law.

 

 

 
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