An adjoining neighbour, also precisely referred to as an Adjoining Owner in property law, is essentially a neighbour to a Building Owner undertaking notifiable works and entitled to receive a notice under the Party Wall Act. This definition is crucial for understanding specific rights and responsibilities related to property development and shared structures.
Understanding the Adjoining Owner's Role
The concept of an "Adjoining Owner" primarily arises within the framework of the Party Wall etc. Act 1996 in England and Wales. This Act governs how certain building works that affect shared walls, boundaries, or excavations near neighbouring properties must be managed to prevent disputes.
Key Aspects of an Adjoining Owner
| Role | Definition | Key Responsibility/Right |
|---|---|---|
| Building Owner | The person undertaking building work that falls under the Party Wall Act. | Must issue a Party Wall Notice to the Adjoining Owner before commencing works. |
| Adjoining Owner | A neighbour whose property is affected by the Building Owner's notifiable works, entitled to receive a formal notice. | Has the right to receive a notice, consent or dissent, and appoint a Party Wall Surveyor to protect their interests. |
Who Qualifies as an Adjoining Owner?
You are considered an Adjoining Owner if your property is adjacent to a building owner's property, and their proposed works affect:
- Party Walls or Structures: Walls shared by two or more properties, or structures built across a boundary.
- Party Fences: Usually a wall separating properties, often including garden walls if they meet the criteria of a "party structure."
- Excavations: Digging within 3 or 6 meters of your property, depending on the depth of the excavation, which might undermine your foundations.
- New Buildings built up to or astride the boundary line.
Rights and Protections
Being an Adjoining Owner under the Party Wall Act provides significant legal protections and rights. These include:
- Right to Notice: The Building Owner must serve a formal Party Wall Notice before commencing any notifiable works. This notice outlines the proposed works and gives the Adjoining Owner time to respond.
- Right to Consent or Dissent:
- Consent: If you consent, the works can proceed without a formal Party Wall Award, provided no disputes arise.
- Dissent: If you dissent (or do not respond within 14 days), a dispute is deemed to have arisen. This typically leads to the appointment of a Party Wall Surveyor(s) to draw up a Party Wall Award.
- Right to Appoint a Party Wall Surveyor: In case of a dispute, you have the right to appoint your own Party Wall Surveyor, whose fees are usually covered by the Building Owner. The surveyor's role is to ensure your property is protected and that the works proceed according to the Act.
- Right to Compensation for Damage: Any damage caused to your property as a direct result of the notifiable works must be made good by the Building Owner, or appropriate compensation must be paid.
- Access to Information: You have the right to inspect plans and details of the proposed works.
Practical Implications for Adjoining Owners
If you receive a Party Wall Notice, it's essential to:
- Understand the Notice: Read the notice carefully to understand the proposed works and their potential impact on your property.
- Seek Advice (if unsure): Consider consulting a Party Wall Surveyor or legal professional to understand your rights and options.
- Respond Promptly: The Act sets specific timeframes for responses (usually 14 days). Failing to respond can lead to a dispute being deemed to have arisen, initiating the process of appointing surveyors.
- Consider a Schedule of Condition: Before works begin, it is highly recommended to have a professional Party Wall Surveyor prepare a detailed "Schedule of Condition" of your property. This document records the current state of your property and serves as crucial evidence if any damage occurs during the works.
Understanding the definition and implications of being an "Adjoining Owner" is vital for any homeowner whose property is adjacent to a site undergoing significant construction or renovation. It empowers them to protect their property and interests throughout the building process.
