The surveyors prepare the award, which is a legal document between the two owners. The surveyors normally meet at the property and prepare a schedule of condition (although not a requirement of the Act). The schedule of condition assists all parties as any damage that may be caused can be checked against it and compensation awarded if required.
The Act carries no fines or penalties but it is possible that the adjoining owner may apply to the court to have an injunction served in order that you will stop work.
DO YOU INTEND TO CARRY OUT WORK WHICH INVOLVES:
- Work on an existing wall, ceiling or floor structure shared with another property?
- Building on or at the boundary with another property?
- Excavating near a neighbouring building or structure?
If so you must find out whether the work falls within the scope of the Act. If it does you must serve the statutory notice on all those defined in the Act as ‘adjoining owners’.
Determining if a particular building project is within the scope of the Act is often more complex than simply checking the general criteria stated above. Failure to correctly identify the status of your project could result in the building works being unlawful. If you are in any doubt you should always seek professional advice.