Receiving a party wall notice might be pretty intimidating to anyone with no experience concerning the Party Wall etc. Act 1996. Awareness of how to act will go a long way toward ensuring that the process goes amicably while your property interests are taken care of. Here’s a guide to help you make an effective response upon receipt of the party wall notice.
Understand the Notice
A party wall notice will be served upon you to advise you that a neighbor plans to carry out work to an existing party wall. To build a new wall at the boundary or to excavate near your property and said work will fall under the Party Wall Act. The notice must describe what is proposed and give particulars of the date on which the work will start, together with a statement as to what it is proposed will be done.
Review the Notice Carefully
Take time to read the notice carefully. Check that it includes all the information that’s required, such as:
- Name and address of building owner
- Description of the proposed works
- Proposed start date
- Address of your property
If some of these or other important details are not contained therein. Raise an explanation with the building owner or party wall surveyor.
Consider Your Options
Primarily, you have three options upon receiving a party wall notice:
1. Consent to the Work: If you are satisfied with the proposed work and do not have any concerns, you can consent to the work being carried out. Remember to give your consent in writing.
2. Dissent and Appoint a Party Wall Surveyor: You are free to dissented and this would usually be because you have a concern or you want to protect the interest of your property. In that case, both parties are required to appoint a party wall surveyor, or you can mutually agree to one surveyor who acts impartially for both parties.
3. Doing nothing: Failure to respond within the 14 days are considered a dissention, and a surveyor will be appointed to decide on the issue.
Appointing a Party Wall Surveyor
If you decide to object, hire the services of an efficient party wall surveyor. He shall work so that the proposed works are going to be in compliance with the Act. Also any damages on your property would be sufficiently covered. They would prepare a Party Wall Award, laying down the rights and responsibilities of both parties, and setting out how the work should proceed.
Monitor the Work
Once a Party Wall Award is issued, monitor the work to ensure it is carried out in accordance with the agreed terms. Keep in regular contact with your surveyor and report any concerns immediately.
Conclusion
Your reaction to a party wall notice needs consideration and attention with dispatch. Understand your options and work with a qualified party wall surveyor to protect your property. Ensure building work proceeds without any hitches and is conducted in a manner that is lawful.