I have issued a Party Wall Notice to my neighbour via a building surveyor. The work is to repair an outbuilding of which two walls of it form the boundary. Initially it was my intention to repair his side at my cost as i was not aware it was a party wall but he wouldn’t give me access. On finding it is noted on both our deeds it is a to be “repaired and maintained as a party wall”. I understand that if he dissents the surveyor/surveyors decide who pays for what but if he consents to the work without appointing a surveyor, does that mean I am liable for all repair costs? If not who decides who is liable for what?
Your neighbour should only consent if you are in agreement over responsibility for the repair costs. If you cannot agree on that point then you are in dispute and surveyors should be appointed to resolve that dispute by way of an award. The notice should have referred to Section 2(2)(b) of the Act so that your neighbour is made aware that the walls are jointly owned and he may have to contribute to the repair costs.