Three party wall notice responses - Revision history

Editor at 17:04, 28 December 2021

2021-12-28T17:04:21Z

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	A dissenting adjoining owner can also appoint their own surveyor to work directly with the building owner's surveyor. This can result in cost implications.		A dissenting adjoining owner can also appoint their own surveyor to work directly with the building owner's surveyor. This can result in cost implications.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Appointing consultants.		* Appointing consultants.
	* Construction covered by the Party Wall Act of 1996.		* Construction covered by the Party Wall Act of 1996.
		+	* Counter Notice.
	* Party wall act.		* Party wall act.
	* Party wall notice.		* Party wall notice.

Editor at 18:15, 8 March 2021

2021-03-08T18:15:12Z

← Older revision		Revision as of 18:15, 8 March 2021
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	* Construction covered by the Party Wall Act of 1996.		* Construction covered by the Party Wall Act of 1996.
	* Party wall act.		* Party wall act.
		+	* Party wall notice.
	* Party wall notice response options.		* Party wall notice response options.
	* Party wall surveyor.		* Party wall surveyor.

Designing Buildings at 07:18, 25 February 2021

2021-02-25T07:18:13Z

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	* Who pays for party wall surveyor's fees?		* Who pays for party wall surveyor's fees?

−	[[Category:~~Projects_and_case_studies~~]] [[Category:~~DCN_Project_Knowledge~~]] [[Category:~~Theory~~]] [[Category:~~Planning_permission~~]] [[Category:~~Property_law~~]] [[Category:~~Regulations~~]] [[Category:~~DCN_Regulation~~]] [[Category:Property_development]]	+	[[Category:DCN_Commentary]] [[Category:DCN_Guidance]] [[Category:Projects_and_case_studies]] [[Category:Theory]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Property_development]]

Editor at 11:02, 22 May 2020

2020-05-22T11:02:42Z

← Older revision		Revision as of 11:02, 22 May 2020
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	* Appointing consultants.		* Appointing consultants.
		+	* Construction covered by the Party Wall Act of 1996.
	* Party wall act.		* Party wall act.
	* Party wall notice response options.		* Party wall notice response options.
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	* Who pays for party wall surveyor's fees?		* Who pays for party wall surveyor's fees?

−	[[Category:Projects_and_case_studies]] [[Category:Theory]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Property_development]]	+	[[Category:Projects_and_case_studies]] [[Category:DCN_Project_Knowledge]] [[Category:Theory]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:DCN_Regulation]] [[Category:Property_development]]

Editor at 10:55, 22 May 2020

2020-05-22T10:55:30Z

← Older revision		Revision as of 10:55, 22 May 2020
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−	[[File:Party-wall.jpg]]	+	[[File:Party-wall.jpg\|link=File:Party-wall.jpg]]

	= Introduction =		= Introduction =

Editor at 10:42, 1 April 2020

2020-04-01T10:42:59Z

← Older revision		Revision as of 10:42, 1 April 2020
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		+	[[File:Party-wall.jpg]]
		+
	= Introduction =		= Introduction =

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	* Appointing consultants.		* Appointing consultants.
−	* Party structure notice.
	* Party wall act.		* Party wall act.
	* Party wall notice response options.		* Party wall notice response options.

Editor at 10:31, 1 April 2020

2020-04-01T10:31:55Z

← Older revision		Revision as of 10:31, 1 April 2020
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	# Consent to the works.		# Consent to the works.
−	# Dissent to the works and appoint an ~~Agreed Surveyor~~.	+	# Dissent to the works and appoint an agreed surveyor.
	# Dissent to the works and appoint their own Party Wall Surveyor.		# Dissent to the works and appoint their own Party Wall Surveyor.

−	== Consent to works ==	+	= Consent to works =

	This option means the building owner can proceed without any further surveying formalities or procedures being followed. It also preserves the securities the act affords an Adjoining Owner.		This option means the building owner can proceed without any further surveying formalities or procedures being followed. It also preserves the securities the act affords an Adjoining Owner.

−	~~Significantly, consent~~ preserves the [https://www.blsurveyors.com/what-is-a-schedule-of-condition-report/ Schedule of Condition] Report which records the pre-construction condition of the adjoining owner’s property. This report is helpful if ~~damage is caused by~~ the works and proof is needed to show ~~this~~ was absent ~~in advance~~.	+	Consent preserves the [https://www.blsurveyors.com/what-is-a-schedule-of-condition-report/ Schedule of Condition (SOC) of Property] Report which records the pre-construction condition of the adjoining owner’s property. This report is helpful if the works cause damage and proof is needed to show the damage was absent before the start of construction.

−	=~~= Dissenting to the Party Wall Notice~~ and ~~appointing~~ an ~~Agreed Surveyor =~~=	+	= Dissent and appointment of an agreed surveyor =

−	~~Option 2~~, ~~this would be appointing~~ an ~~Agreed Surveyor, as discussed above, the~~ appointed ~~Party Wall Surveyor will then~~ act ~~impartially~~ on behalf of both the ~~Adjoining Owner and~~ the ~~Building Owner~~. ~~The Surveyor has~~ an ~~objective~~ of ~~agreeing a Party Wall Agreement and resolving~~ the ~~Party Wall Dispute~~.	+	If the adjoining owner dissents to the works, an agreed surveyor can be appointed to act objectively on behalf of both parties. This option is often in the best interest of the building owner and can be more time and cost effective than using two surveyors. For instance, if damage occurs during development, an agreed surveyor will have all of the details associated with the pre-construction condition of the adjoining owner's property.

−	~~In my opinion, the~~ appointment of an Agreed Surveyor is usually in the best interest of the Building Owner as more often than not, it is substantially more time effective with regards to the drafting of the Party Wall agreement as its being agreed by one Party Wall Surveyor in contrast with two different Party Wall Surveyors which normally has included delays associated with normal Surveyor communication, response etc…	+	= Dissent and appointment of respective surveyors =

−	~~Another advantage an Agreed Surveyor gives~~ the ~~Building Owner is~~ cost-effectiveness, as the Building Owner’s expense for an Agreed Surveyor will be fundamentally lower than hosting to pay for two separate Party Wall Surveyors arrangement to agree a [https://www.blsurveyors.com/what-is-a-party-wall-award/ Party Wall Award].	+	A dissenting adjoining owner can also appoint their own surveyor to work directly with the building owner's surveyor. This can result in cost implications.

−	=~~= Dissenting to the Party Wall Notice and appointing their own respective Party Wall Surveyors =~~=	+	= Related articles on Designing Buildings Wiki =

−	~~Finally, option 3, this would be an Adjoining Owner simply appointing their own respective~~ Party ~~Wall Surveyor to administer the~~ Party ~~Wall Surveying procedures on their behalf~~. ~~The selected~~ Party ~~Wall Surveyor would work intimately with the Building Owner’s Party Wall Surveyor on the provisions of the Award to ensure a compelling and just Party Wall Agreement is agreed and served~~.	+	* Appointing consultants.
−		+	* Party structure notice.
−	Contemplating everything, an Agreed Surveyor accompanies two appealing motivating forces, one being time productivity, which means works can start quickly, and in conclusion lower cost thus allowing the conserving of funds that can be utilised elsewhere on the property works. Though, as initially stated, an Agreed Party Wall Surveyor can only be appointed upon agreement of the Adjoining Owner, as per [https://www.podbean.com/eu/pb-ypagb-b42ea4 Amir-Siddique vs Kowaliw] there are cost implications should an Adjoining Owner refuse an Agreed Surveyor appointment.	+	* Party wall act.
−		+	* Party wall notice response options.
−	~~Besides, in an occasion that damage is caused from Party Wall development works, with an arrangement~~ of ~~an Agreed Party Wall Surveyor, the issue would have the option to be managed significantly more time proficiently as there is no partner to affirm the degree~~ of ~~damage or cost, as all the details will already be of knowledge of the Agreed Party Wall Surveyor rather than it has to be discussed and agreed by two separate Party Wall Surveyors~~.	+	* Party wall surveyor.
−		+	* Schedule of condition of property.
−	If you have any more questions or want our help through this process, why not call one of our experienced Party Wall Surveyors now, we offer 30 minutes free advice to all [https://www.blsurveyors.com/contact-us/ callers].	+	* Who pays for party wall surveyor's fees?

	[[Category:Projects_and_case_studies]] [[Category:Theory]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Property_development]]		[[Category:Projects_and_case_studies]] [[Category:Theory]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Property_development]]

Editor at 09:20, 1 April 2020

2020-04-01T09:20:55Z

← Older revision		Revision as of 09:20, 1 April 2020
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−	Whenever a [https://www.blsurveyors.com/what-to-do-when-youre-served-with-a-party-wall-notice/ Party Wall Notice] is served by a Building Owner upon an Adjoining Owner, the Adjoining Owner has a statutory response period of 14 days from the Notice date to formally respond. It is also worth noting that as per Freetown v Assethold Ltd, a Notice is legally deemed as received “in the ordinary course of post” therefore the recommended allowance is a further 2 days, totalling 16 days.<br />	+	= Introduction =
−	~~<br />~~	+
−	~~When served a Party Wall Notice, there are a total of three specific responses that can be chosen by an Adjoining Owner, these options are as follows:~~	+

−	~~# Consent~~ to ~~the works~~	+	Whenever a [https://www.blsurveyors.com/what-to-do-when-youre-served-with-a-party-wall-notice/ Party Wall Notice] is served by a building owner to an adjoining owner, the adjoining owner has 14 days from the notice date to formally respond. A notice is legally deemed as received “in the ordinary course of post”; therefore, the recommended allowance is a further two days or a total of 16 days.
−	~~# Dissent~~ to ~~the works and appoint~~ an ~~Agreed Surveyor~~	+
−	~~# Dissent~~ to the ~~works and appoint their own Party Wall Surveyor~~	+

−	~~I will provide you with simple explanations for the~~ three ~~options listed above~~:	+	The adjoining owner has three specific response choices when served a Party Wall Notice:

−	== Consent to the ~~Works ==~~	+	# Consent to the works.
		+	# Dissent to the works and appoint an Agreed Surveyor.
		+	# Dissent to the works and appoint their own Party Wall Surveyor.

−	~~Option 1 would see the Adjoining Owner consenting~~ to ~~the Building Owner’s Party Wall Notice.~~ This option ~~reserves the securities the Act affords an Adjoining Owner and~~ means the ~~Building Owner~~ can proceed without any further ~~Party Wall Surveying~~ formalities or procedures being followed. ~~In my opinion~~, ~~one of the most significant being~~ the [https://www.blsurveyors.com/what-is-a-schedule-of-condition-report/ Schedule of Condition] Report which ~~is significant, as it~~ records the pre ~~works~~ condition of the ~~Adjoining Owner’s~~ property ~~wholly, therefore for the situation where~~ damage is ~~cased, there’s~~ proof to show this was absent in advance.	+	== Consent to works ==
		+
		+	This option means the building owner can proceed without any further surveying formalities or procedures being followed. It also preserves the securities the act affords an Adjoining Owner.
		+
		+	Significantly, consent preserves the [https://www.blsurveyors.com/what-is-a-schedule-of-condition-report/ Schedule of Condition] Report which records the pre-construction condition of the adjoining owner’s property. This report is helpful if damage is caused by the works and proof is needed to show this was absent in advance.

	== Dissenting to the Party Wall Notice and appointing an Agreed Surveyor ==		== Dissenting to the Party Wall Notice and appointing an Agreed Surveyor ==

Editor at 09:07, 1 April 2020

2020-04-01T09:07:14Z

← Older revision		Revision as of 09:07, 1 April 2020
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	If you have any more questions or want our help through this process, why not call one of our experienced Party Wall Surveyors now, we offer 30 minutes free advice to all [https://www.blsurveyors.com/contact-us/ callers].		If you have any more questions or want our help through this process, why not call one of our experienced Party Wall Surveyors now, we offer 30 minutes free advice to all [https://www.blsurveyors.com/contact-us/ callers].

−	[[Category:Projects_and_case_studies]] [[Category:Theory]] [[Category:~~Regulations~~]] [[Category:~~Standards_/_measurements~~]] [[Category:~~Property_development~~]] [[Category:~~Public_procedures]] [[Category:Roles_/_services~~]]	+	[[Category:Projects_and_case_studies]] [[Category:Theory]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Property_development]]

Editor: moved What are the 3 responses to a Party Wall Notice? to Three party wall notice responses

2020-04-01T09:05:34Z

moved What are the 3 responses to a Party Wall Notice? to Three party wall notice responses

← Older revision

Revision as of 09:05, 1 April 2020