Building Owners

If you are proposing to undertake works that are deemed ‘notifiable’ under the Act, you are required, by law, to serve prior notice upon your neighbour (the ‘Adjoining Owner’).  Notifiable works may include:

• Works to build a wall at the line of junction
• Works to a Party Wall
• Works to a Party Fence Wall
• Adjacent Excavations - foundation excavations within 3 metres of a neighbouring property, or within 6 metres if the proposed foundations will break a 45 degree line taken from the base of the Adjoining Owner’s foundations

Notice must be served at least one month prior to the proposed commencement of works involving adjacent excavations, building at the line of junction or works to party fence walls, and two months prior to commencement of works to a Party Wall.

If the Adjoining Owner ‘dissents’ to notice, or fails to respond within 14 days of the notice being served, then a ‘dispute’ is deemed to have arisen under the Act requiring determination in accordance with Section 10.  This means the parties must either concur in the appointment of a single Agreed Surveyor, or each appoint their own Surveyor to resolve the dispute by way of an Award.

Once served, and assuming no party appeals the Award within 14 days of service, it becomes a legally binding document setting out the nature of the works, along with details as to which party is to pay for the works and any associated fees.  The Award will usually also contain a Schedule of Condition to evidence the condition of the Adjoining Owner’s property prior to commencement of any works; this may be needed for later referral. The Building Owner will be responsible for repair of any damage arising, or compensation in lieu of remedial works.

You must not commence notifiable works without serving prior notice on the Adjoining Owner  as you may risk being served with an injunction to stop the works until such time your duties under the Act have been fulfilled.