After Notice has been Served
What Happens After Notices has been Served?
The Adjoining Owner(s) should be given the opportunity to reply to the notice served. They will either consent or dissent from the notice served. If they consent all paperwork should be retained for future reference but no further action under the Act is required. It is however recommended that a Schedule of Condition is offered to the Adjoining Owner as this will ensure that the condition of the areas in close vicinity to the works is recorded prior to the commencement of works. This will ensure that no historic damage can be brought into question on completion of the works but equally that any damage genuinely incurred by the works can be identified.
If the neighbour dissents from the notice a surveyor or surveyors must be appointed. In normal circumstances all fees incurred by any such appointments will be payable by the building owner, however this must be agreed and awarded.
What Happens if the Neighbours Don't Respond?
If 14 days after service of a notice no reply has been received a dispute will be considered to have occurred, except where notice was given to build to the line of junction solely on the land of the building owner.
If a dispute arises due to a lack of response to a notice served the adjoining owner(s) must be given 10 days in which to agree to the appointment of the building owners surveyor or confirmation of who they intend to appoint. A failure to respond to this further notice will result in the building owners surveyor making an appointment on behalf of the adjoining owner so as matters can proceed.
What Happens Now That a Dispute Has Arisen?
If a dispute has arisen and a surveyor or surveyors have been appointed an award (often referred to as an agreement) will be drawn up. This will determine the right to carry out works stipulated within the notice(s) given; the time and manner in which works are to be undertaken and any other matter incidental to the dispute including access and fees.