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Neighbour Response

The main element of the Party Wall process depends on the response you receive from your neighbours or Adjacent Owners.

Although a standard response is no response, there are other responses your neighbour or adjoining owner can make.

Under the Party Wall Act, your neighbour cannot stop or disrupt any works proposed by the property owner. See party wall notices.

Three Options

Your neighbour can consent and request their own Schedule of Condition Survey (SoC). This is similar to when you hire a car, and the company does a walk-around to see if there is any damage before you rent it. It is to protect both parties from malicious claims. We can arrange an SoC, which is mainly photographic and video. The property owner pays for it. Due to GDPR, it is not shared with the property owner.
Your neighbour can agree to use Westville as their Surveyor and take our advice. This is allowed under the Act as we would be refered to as the ‘agreed surveyor‘. They would then commission their survey and SoC with Westville. We would also produce a legal document, ‘A Party Wall Award,’ and a Schedule of Conditions report (which forms part of the award). It sets out rights and responsibilities. The Award is then served to both parties. Invoices are paid by the property owner.
Your Neighbour can appoint their Surveyor. This means that your Neighbour is now responsible for their own costs. Here, the neighbour commissions the own SoC and is then served with the Party Wall Award document as in Option 2. The neighbour’s survey will comment on the Award and advise their client to request or change any amendments to drawings.

Silence

If there is no response to a notice, the Property owner must, by law, appoint their own Surveyor.

It is recommended to send a reminder letter and to wait 16 working days before proceeding.