After a notice is served to Adjoining Owner, one of three things can happen: the Adjoining Owner consents, dissents or does not reply.
Consent is when the Adjoining Owner agrees to the works being carried out. Works can begin upon expiry of the notice period or earlier if agreed.
Dissent is when a dispute has arisen and an Award must be prepared before any works can commence. When this happens, the parties can either agree to appoint one surveyor to act for both owners known as the ‘Agreed Surveyor’ or appoint their own surveyors. Once appointed, owners cannot rescind the appointments and the first thing surveyors should do is exchange copies of their appointment letters. If two surveyors are appointed then they need to appoint a ‘Third Surveyor’ forthwith.
If the Adjoining Owner does not respond after 14 days then a further notice is sent requesting the appointment of a surveyor. If after 10 days there is still silence then the Building Owner’s surveyor may appoint a surveyor for the Adjoining Owner.
