A homeowner’s primary responsibility is to determine if their planned construction notifications fall under the Party Wall Act 1996. If they do, this Act outlines a legal process that must be adhered to before any work can commence.
If the work is covered by the Party Wall Act, the homeowner (the “Building Owner”) must fulfill their homeowner responsibilities by serving a formal Party Wall Notice as part of the required construction notifications on all affected neighbours before work starts.
The adjoining owner has 14 days to respond to the construction notifications, either by consenting or dissenting to the works, in accordance with their homeowner responsibilities under the Party Wall Act.
If a neighbour does not respond to construction notifications within 14 days, the Party Wall Act treats this as a “deemed dispute”, requiring surveyors to be appointed. This highlights the importance of homeowner responsibilities in managing party wall agreements.
In accordance with the Party Wall Act, in the event of a dispute, each owner appoints their own surveyor, or both owners may agree to use a single 'Agreed Surveyor.' This process ensures that homeowner responsibilities are clearly defined, and proper construction notifications are made to avoid any misunderstandings.