Options available to an Adjoining Owner

The options available to an Adjoining Owner are dependent on the circumstances prevailing, let us explore them in turn:

  • The Adjoining Owner receives a letter from a surveyor when the Building Owner has not served notices
    • This is known as coffin chasing or cold calling and is an unethical practice.  If the letter is from a Chartered Professional make a complaint to their professional body.  Regardless of who the letter is from, put it in the bin and have no further truck with these people.

  • The Adjoining Owner is advised by planning of an application or its progress
    • This is standard regulatory procedure required by Planning legislation, it is outside the remit of the Party Wall Act and you should therefore not contact a Party Wall Surveyor

  • The Adjoining Owner receives notices from the Building Owner (or a surveyor who is authorised to serve them)

     

    • The Adjoining Owner has four choices:
      • To appoint their own surveyor –  Bruce would recommend only a Chartered Building Consultancy or a Chartered Engineer – both have the necessary training, education and experience to carry out the requirements of the act
      • To agree the Building Owner’s Surveyor as the Agreed Surveyor – Bruce would recommend this course of action if the Building Owner’s surveyor is a Chartered Building Consultancy or a Chartered Engineer – both have the necessary training, education and experience to carry out the requirements of the act
      • To do nothing – The Building Owner will, in due course, serve a requirement to appoint notice and then the Adjoining Owner has the two choices listed above.
      • To allow the Building Owner’s works to go forward without a dispute – In this case a dispute under the act would not arise – Bruce would not recommend this course of action unless the Adjoining Owner knew exactly what they were doing and the ramifications of their choice.

  • The choice exercised will be dependent on the Adjoining Owner’s psychological make up and can not therefore be advised upon by a surveyor and it would be unethical of a surveyor to attempt to persuade an adjoining owner to choose them.

07927123469

bruce@partywallsurveyor.london

Bruce Spenser MSc MCIOB, Party Wall Surveyor | Building Surveyor | Third Surveyor London, 

12 Forburg Road, Stoke Newington, London N16 6HS

New CIOB - Chartered Building Consultancy Logo (with strapline no rhombus)