FAQs

What happens if I do not serve a Notice, as required?
The Act carries no fines or penalties but it is possible that the Adjoining Owner may apply to the court for an injunction ordering you to stop work.

What happens if the Adjoining Owner does not consent to the Notice within 14 days?
Where you wish to build a new wall on the line of junction, you will have the right only to build on your own land.

Regarding a Notice for other notifiable works, if there is no reply to the Notice after 14 days then a dispute is deemed to have arisen and you and the Adjoining Owner must appoint a Surveyor.  If the Adjoining Owner then still fails to respond and appoint a Surveyor, then after 10 days you may appoint a surveyor on his behalf. 

What happens if I do not agree with what my appointed surveyor is doing?
You are unable to rescind the appointment, but you can approach the Third Surveyor to resolve the matter for you.

Do I have to inform my neighbour if I am just putting up bookshelves or fixing electrical socket outlets to the party wall?
This sort of work is generally considered to be minor and such works would not be notifiable under the Act.

Who pays the Surveyor’s fees?
Under normal circumstances the Building Owner would pay the fees (costs) as he is the one undertaking the works, usually for his benefit.  However, the Surveyors will make the final determination, and can make the Adjoining Owners pay their costs, for example in circumstances where they have been particularly obstructive.

As a Building Owner, do I have the right of access to my neighbour’s property to undertake the work, and as an Adjoining Owner do I have to grant access to the Building Owner to undertake the work?
There is a right of access within working hours on Notice, but only if it is to undertake the notifiable work in accordance with the Act.

Can the Act be used to resolve a boundary dispute?
The Act is not there to resolve such matters and the Surveyors do not have the power to do so.