Are your neighbours looking to start building work next to your home? Are you worried about how this will effect your property? Do you need help to know where you stand?
As a neighbour who has received a party wall agreement from your next door neighbour, it is important to understand your rights and options if you have concerns about the building work that will be taking place.
This agreement serves as a legal document outlining the responsibilities and protections of both parties involved in the construction project. If you have any concerns or questions, it is essential to take action and address them promptly.
Before the building works begin, all neighbours who could be affected by the construction should be made aware through a notice.
The notice includes details of the planned works, the approximate date for works to be in progress, the address and name of the person scheduling the works.
In Reaction To The Notice, Neighbours Can React In The Three Ways Explained Below.
The owner of the works involves a professional surveyor to generate a schedule of Condition on their behalf.
This is done through taking photographs of previous building conditions, noting down all observations that concern the works and seeking professional help for further inclusions.
WHAT IS A PARTY WALL AGREEMENT?
A Party Wall Agreement is then compiled to merge the notice, the approval and the Schedule of Condition into one official legal document.
DISPUTING THE WORKS
Neighbours have an option of hiring a surveyor to help resolve the disputes.
Surveyors analyse the designs put forward and recommend corrections to reduce all likely threats to neighbouring assets.
Once the surveyor is contented, they give a Party Wall Award, and the owner of the building works can now proceed with building.
NO REACTION TO THE NOTICE
If neighbours do not respond in two weeks, a prompt is served, and they are given ten more days to react.
If the ten days elapse and there is still no response, the owner of the works is allowed to hire a surveyor on behalf of the neighbours, and they are expected to follow the same procedure given above.
RECOMMENDATION FOR NEIGHBOURS PARTY WALL
If your neighbour wants to start building works that involve a Party Wall , you should receive a notice.
If you choose to approve the works in line with a Schedule of Condition, the Act offers sufficient protection from any structural harm that could happen.
DON’T AGREE WITH THE WORKS?
However, if you choose to disapprove the works, you can have a surveyor come in and inspect the works.
The Act does not necessarily protect disapproval of the works, but you gain on the final examination by a surveyor who gives the Party Wall Award.
In a case where the works to a Party Wall start and you have not been served with a notice, you should communicate with the owner of the works so that they issue you with one.
This is because for you to be protected by the Party Wall Act, a notice has to have been previously given.
WHAT IF NO NOTICE HAS BEEN RECEIVED?
If the owner of the works does not give a notice even after engaging them, you should seek guidance from either a surveyor or a legal representative.
In most cases, the final option involves acquiring a court order to stop works until notice is given.
All involved parties should follow the right procedures and seek professional help in all areas of the building works.