Letter to Accompany Notice - Served on Adjoining Owner

SAMPLE LETTER 1

LETTER TO ACCOMPANY NOTICE - SERVED ON ADJOINING OWNER

Date

Name and

address of Adjoining Owner

Dear (Name of Adjoining Owner)

Re: Party Wall etc. Act 1996 – (Site Address)

I write to advise you that I am authorised on behalf of the Building Owner (Name) of (Address) to serve upon you the enclosed Notice(s) setting out the proposed works that are likely to affect your premises, known as (Address).

This letter is to explain, in less formal terms, that there are three options open to you and are itemised for clarity as follows:

1. You may consent to the works, in which case please sign the consent form at the end of this letter and return it to me. Although not a requirement under the Act, I would advise that a Schedule of Condition be prepared, prior to the commencement of the works, which will be checked upon completion to ensure that no damage has occurred.

2. You may dissent to the works and therefore must appoint a surveyor in accordance with the Act. This surveyor may be myself, as the Agreed Surveyor, who will act impartially and prepare all the necessary documents. Should this be the case, please sign and return the enclosed letter of agreement.

3. You may dissent to the works and, therefore, must appoint a surveyor in accordance with the Act. This surveyor may be of your own choice, in which case please let me know who this will be.

I would be pleased to explain the above in more detail together with the formalities required under the Act, if you so wish. In any event, I would appreciate your reply within 14 days.

Yours sincerely

(Name of Surveyor)

I/We* consent to the works at (Address) and request that a Schedule of Condition is prepared prior to the commencement of works.

Signed: ………………………………………. (Adjoining Owner)

Enc:

* delete as appropriate

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 2

LETTER OF APPOINTMENT – BUILDING OWNER

Date

Name and

address of Building Owner

Dear (Surveyor)

Re: Party Wall etc. Act 1996 – (Address of Property)

I hereby appoint you to act as Building Owner’s Surveyor in accordance with the Party Wall etc. Act 1996 to serve and receive notices and requests and to make any appointments on my behalf in relation to the building works at the above address, and in the event that dissent to any notices are made.

Yours sincerely

Name of Building Owner

(all owners must sign)

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 3

LETTER OF APPOINTMENT – ADJOINING OWNER

Date

Name and

Address of Adjoining Owner

Dear (Surveyor)

Re: Party Wall etc. Act 1996 – (Address of Property)

I hereby appoint you as Adjoining Owner’s Surveyor in accordance with the Party Wall etc. Act 1996 on my behalf in relation to the works at (address of Building Owner), which adjoin my premises at (address of Adjoining Owner), subject of a Notice under the Act dated (insert date).

Yours sincerely

(Name of Adjoining Owner)

(All owners must sign)

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 4

LETTER OF APPOINTMENT – AGREED SURVEYOR

Date

Name and

Address of Adjoining Owner

Dear (Surveyor)

Re: Party Wall etc. Act 1996 – (Address of Property)

I hereby appoint you as Agreed Surveyor in accordance with the Party Wall etc. Act 1996 on my behalf in relations to the Building Works at (address) and authorise you to serve and receive all Notices and to make any necessary appointments.

Yours sincerely

(Name of Building Owner and/or Adjoining Owner)

(All owners must sign)

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 5

LETTER FROM APPOINTED SURVEYOR TO ADJOINING OWNER/BUILDING OWNER

Date

Name and

Address of Surveyor

Dear (Name of Adjoining Owner or Building Owner)

Re: Party Wall etc. Act 1996 – (Address of Property)

I would confirm that (Name of Owner) has appointed me as Adjoining/Building Owner’s surveyor under Section 10(4)(b) of the Act.

I would therefore be grateful if you contact me in order that we might progress the matter and to gain access in order that a Schedule of Condition might be prepared.

Your earliest reply would be appreciated.

Yours sincerely

(Name of Surveyor)

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 6

SELECTION OF THIRD SURVEYOR

Date

Name and

Address of Building Owner/Adjoining Owner

Dear (Name of Building Owner/Adjoining Owner)

Re: Party Wall etc. Act 1996 – (Address of Property)

I would inform you that (name of Surveyor) of (address of Surveyor) has been selected as the Third Surveyor in the event of any dispute that may arise.

I would further advise you that in accordance with the Act, either of the parties or either of the surveyors may call upon the Third Surveyor to determine any disputed matter.

I do not expect that there should be any need for this to arise in this particular case but should you have any queries, please do not hesitate to contact me in the first instance and I will endeavour to help.

You should, of course, be aware that to call upon the Third Surveyor unnecessarily could incur costs for you and any referral should be considered carefully.

Yours sincerely

(Name of Surveyor)

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 7

REQUEST TO APPOINT A SURVEYOR

Date

Name and

Address of Adjoining Owner

Dear (Name of Owner)

Re: Party Wall etc. Act 1996 – (Address of Property)

I would advise you that I have been appointed as party wall surveyor by the owners of (address of the Building Owner) for this project.

I understand that a Notice has been served on you and that you have dissented, which is of course accepted, but you must now therefore appoint a surveyor. I request that you do this within the next ten days in order that the work might continue. Please let me know who this is to be, or alternatively ask your surveyor to write to me.

Yours sincerely

(Name of Surveyor)

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 8

LETTER FROM ADJOINING OWNER’S SURVEYOR TO BUILDING

OWNER ON APPOINTMENT

Date

Name and

Address of Building Owner

Dear (Building Owner)

Re: Party Wall etc. Act 1996 – (Address of Property)

I have been passed a copy of the Notice served upon (name of Adjoining Owner) and would confirm that I have been appointed Party Wall Surveyor to deal with this matter. I enclose a copy of my Letter of Appointment. (Name of Adjoining Owner) has dissented to the works and requires a Party Wall Award be agreed and served, prior to your works commencing.

If you have appointed a surveyor under the Act, please let me have their details as soon as possible. If you have not yet appointed a surveyor the Act provides that you may, as an alternative, agree with the Building Owner to appoint one Agreed Surveyor to deal with matters impartially for both sides. I would be willing to accept such appointment if you consider it appropriate but this would need the Building Owner’s agreement.

Either way, I await hearing from you as soon as possible and will progress matters diligently in an attempt not to hold up your works.

Yours sincerely

(Name of Surveyor)

Enc:

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 9

TEN DAY LETTER AFTER NOTICE

Date

Name and

Address of Adjoining Owner

Dear (Name of Owner)

Re: Party Wall etc. Act 1996 – (Address of Property)

With reference to the notice that was served on you dated (date) I would confirm that I have not received any reply and a dispute is therefore deemed to have arisen in accordance with the Act.

I therefore request that you appoint a surveyor within the next ten days or I shall have to make an appointment on your behalf in accordance with Section 10(4)(b) of the Act, in order that the work might proceed.

However, I trust that I shall hear from you or your surveyor within that time period but should you have any queries please do not hesitate to contact me and I will endeavour to help.

Yours sincerely

(Name of Surveyor)

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 10

APPOINTMENT OF SURVEYOR UNDER SECTION 10(4)(B)

Date

Name and

Address of Chosen Surveyor

Dear (Name of Owner)

Re: Party Wall etc. Act 1996 – (Address of Property)

In accordance with Section 10(4)(b) of the Act I would appoint you to act on behalf of the owner (Name and address of Owner), in that they have received a Notice and a Ten-day reminder letter but without response.

Yours sincerely

(Name of Surveyor)

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 11

CONTACT WITH OTHER SURVEYOR

Date

Name and

Address of Appointed Surveyor

Dear (Name of Surveyor)

Re: Party Wall etc. Act 1996 – (Address of Property)

Your Notice sent to the owner (Name of Owner) has been passed to me for action as I will be the appointed surveyor in this matter. I will forward a copy of my letter of appointment in due course and I will need to have a copy of yours.

Meanwhile perhaps you would care to let me have a list of your Third Surveyors from whom a selection might be made.

Yours sincerely

(Name of Surveyor)

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 12

AWARD TO OTHER SURVEYOR

Date

Name and

Address of Building Owner’s Surveyor

Dear (Surveyor)

Re: Party Wall etc. Act 1996 – (Address of Property)

Please find enclosed the Award duly signed and ready for you to serve on the Building Owner.

I would confirm that the other copy has been served on the Adjoining Owner and a copy of my letter is enclosed.

I have also enclosed my costs invoice for your onward transmission to the Building Owner and would thank you in anticipation.

Yours sincerely

(Name of Surveyor)

Enc:

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 13

AWARD TO OTHER SURVEYOR FOR SIGNATURE

Date

Name and

Address of Adjoining Owner’s Surveyor

Dear (Surveyor)

Re: Party Wall etc. Act 1996 – (Address of Property)

Please find enclosed two copies of the Award that I have signed and now require your own signatures, plus another copy for your own files.

Please serve the signed Award on the Adjoining Owner confirming that you have done so and return the other signed copy to me so that I might serve it on the Building Owner.

Yours costs invoice should be returned to me for onward transmission to the Building Owner.

Yours sincerely

(Name of Surveyor)

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 14

AWARD SERVED ON THE ADJOINING OWNER

Date

Name and

Address of Adjoining Owner

Dear (Name of Owner)

Re: Party Wall etc. Act 1996 – (Address of Property)

Please find enclosed the Award, which is served on you as the owner in accordance with the Act. I would confirm that the Award has also been served on the Building Owner.

You have 14 days in which to appeal the Award in the County Court if you consider that there may be something fundamentally wrong with it, however, please raise any initial queries that you may have with me and I will endeavour to help.

Yours sincerely

(Name of Surveyor)

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 15

AWARD SERVED ON THE BUILDING OWNER

Date

Name and

Address of Building Owner

Dear (Name of Owner)

Re: Party Wall etc. Act 1996 – (Address of Property)

Please find enclosed the Award, which is served on you as the owner in accordance with the Act. I would confirm that the Award has also been served on the Adjoining Owner.

The Award states the obligations of your contractor in undertaking the works and he should be duly informed of these.

I have also enclosed the cost invoices for both surveyors for which your immediate settlement would be appreciated.

Yours sincerely

(Name of Surveyor)

NB: Please change letter to use the plural, if appropriate.

SAMPLE LETTER 16

COMPLETION OF WORKS

Following a Notice dated (date of Notice) and an Award dated (date of Award) relating to works at (address of works) I/we, (name of the Agreed Surveyor or names of the two appointed Surveyors), confirm the Schedule of Condition has been checked and:

*The following works require attention.

*All damage caused by the works has been repaired.

*Payment in lieu of damage has been made.

*There is no damage arising.

*Signed: ………………………………….. Agreed Surveyor

*or

Signed: ………………………………….. Building Owner’s Surveyor

Signed: ………………………………….. Adjoining Owner’s Surveyor

*delete as appropriate

NB: Please change letter to use the plural, if appropriate.