Dissenting to a Notice and Subsequent Related Time Frames

by The Party Wall Surveyor

Question

My neighbour does not want me to build my single storey piled extension.  He seems to think that the planner who saw him when doing the site survey before granting planning consent, inferred that even if planning permission were granted we could not build the extension without going on his land. This is not the case there is plenty of room.

Our surveyor has served a notice but the neighbour is looking to delay things at every stage in the hope we will not go ahead. It is now costing me money in delay costs.

Can I take him to court to recover the extra costs if I can prove his objections have nothing to do with the party wall matters or indeed anything to do with me as his adjoining owner?

Answer

If your work is covered by the Party Wall Act and you have served a notice then your neighour has a right to dissent to the notice and appoint a surveyor – he doesn’t have to state his reasons for dissenting.

He has 14 days to consider the notice after which he will be deemed to have dissented and must appoint a surveyor. You need to write to him again at that stage and request his surveyor’s details within 10 further days and if he remains silent you can choose a surveyor for him. So, approximately 24 days after serving the notice you can ensure that surveyors are appointed. They will then get on with agreeing an Award.

Once the Award is agreed and served and the statutory notice period has passed (1 month for excavation works) you can commence work.