16 WHO PAYS FOR THE BUILDING WORKS?
Your agreement with the neighbouring owner, or the award in the event of a dispute, will set this out.
The general principle in the Act is that the building owner who initiated the work pays for it. However, there are cases where the adjoining owner may pay part of the cost, for example:
- where work to a party wall is needed because of defects or lack of repair for which the adjoining owner may be responsible or may have an obligation to contribute.
- where an adjoining owner requests that additional work should be done. Where the dispute resolution procedure is called upon, the award may deal with apportionment of the costs of the work. The dispute procedure may be used specifically to resolve the question of costs.
17 WHAT HAPPENS IF THE NEIGHBOURS WON'T COOPERATE?
If a dispute has arisen and the neighbouring owner refuses to appoint a surveyor under the dispute resolution procedure, you can appoint a surveyor on his behalf, so that the procedures can go ahead.
18 WHAT ABOUT ACCESS TO NEIGHBOURING PROPERTY?
Under the Act, an adjoining occupier must, when necessary, let in your workmen, your own surveyor or architect etc., and any surveyors appointed as part of the dispute resolution procedure. You must give the adjoining owner and occupier notice of your intention to exercise these rights of entry. The Act says that 14 days' notice must usually be given.
It is an offence, which can be prosecuted in the magistrates' court, to refuse entry to or obstruct someone who is entitled to enter premises under the Act, if the offender knows that the person is entitled to be there.
If the adjoining property is empty, your workmen and your own surveyor or architect etc. may enter the premises if they are accompanied by a police officer.
At present there seems to be some uncertainty as to which sections of the Act automatically give rise to access.
19 AS A NEIGHBOURING OWNER, WHAT CAN I DO TO GUARD AGAINST THE RISK THAT THE BUILDING OWNER MAY LEAVE WORK ON THE PARTY WALL UNFINISHED?
If there is a risk that you will be left in difficulties if the building owner stops work at an inconvenient stage, you can ask him, before he starts work, to make available an amount of money that would allow you to restore the status quo if he fails to do so. The money remains his throughout but if, for example, you need to have a party wall rebuilt, you can draw on that security to pay for the rebuilding. This is known as security for expenses.
20 WHAT DOES THE ACT SAY IF I WANT TO BUILD UP AGAINST OR ASTRIDE THE BOUNDARY LINE?
If you plan to build a party wall or party fence wall astride the boundary line, you must inform the adjoining owner by serving a notice. However, there is no right to build astride the boundary if your neighbour objects. You must also inform the adjoining owner or owners if you plan to build a wall wholly on your own land but up against the boundary line.
The Act contains no enforcement procedures for failure to serve a notice. However, if you start work without having first given notice in the proper way, adjoining owners may seek to stop your work through a court injunction or seek other legal redress.
21 HOW LONG IN ADVANCE DO I HAVE TO SERVE THE NOTICE?
At least one month before the planned starting date for building the wall. The notice is only valid for a year, so do not serve it too long before you wish to start.
22 WHAT HAPPENS AFTER I SERVE NOTICE ABOUT BUILDING ASTRIDE THE BOUNDARY LINE?
If the adjoining owner agrees, in writing, within 14 days to the building of a new wall astride the boundary line, the work (as agreed) may go ahead and a party wall will be constructed.
The expense of building the wall may be shared between the owners, where the benefits and use of that wall will be shared.
If the adjoining owner does not respond, or objects to the proposed new wall astride the boundary line, you must build the wall wholly on your own land, and wholly at your own expense. However, you have a right to place projecting footings for the new wall under your neighbour's land, subject to certain considerations. There is no right to place reinforced concrete on your neighbour's land without their express consent.
23 WHAT HAPPENS AFTER I SERVE NOTICE ABOUT BUILDING UP AGAINST THE BOUNDARY LINE?
You may start work one month after the notice was served. This work may include footings and foundations that extend under the adjoining owner's land.
The wall will be built wholly at your own expense and you will be expected to compensate any adjoining owner for any damage to his property caused by the building of the wall, or the placing of footings and foundations.
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