What to do if You are Served a Party Wall Notice?
Schedule of Condition Reports, Party Wall Agreements (Awards), serving Party Wall Notices, and dispute resolution are among the expert Party Wall services we provide. You can rely on us to handle your Party Wall issues because we have skilled surveyors and set prices. For free, unbiased advice, get in touch with us. We are honoured members of the Pyramus and Thisbe Society as well as the Faculty of Party Wall Surveyors.
Before construction starts, a Schedule of Condition Report records the property’s current state to avoid future disputes. A legally binding contract that specifies each party’s responsibilities during construction and reduces the possibility of damage or disturbance is called a Party Wall Award. Under the Party Wall etc. Act, a London Party Wall Surveyor is essential to settling disputes. Their responsibility is to the Act itself, making sure that disputes are resolved in a reasonable and expedient manner.
Your neighbour is legally obligated to serve you with a Party Wall Notice if they intend to undertake construction that could affect your shared or adjacent property. You, the neighbouring owner, are notified of the impending work and your Party Wall Act rights by this notice.
The adjacent owner has 14 days from the date of service of the Party Wall Notice to reply, and they can do one of three things:
- Consent to the work: The adjacent owner may give their consent if they are at ease with the planned work and have no objections. This implies that no additional steps are necessary and that no Party Wall Award will be given out. To record the state of their property prior to the start of construction, the neighbouring owner should think about requesting a Schedule of Condition report. This can be useful if there are later disputes over damages.
- Oppose the work and designate an Agreed Surveyor: The adjacent owner may choose to designate an Agreed Surveyor if they have objections to the proposed work or concerns. The Agreed Surveyor will prepare all required documents and acts impartially. Before construction starts, the surveyor—who may be selected by both parties—will visit the property and complete a Schedule of Conditions report. The building owner and the neighbouring owner will each receive a Party Wall Award.
- Disagree with the work and designate an independent surveyor: The adjacent owner may designate their own independent surveyor if they disagree with the work but do not want to designate an agreed surveyor. Working with the building owner’s surveyor, the independent surveyor will complete a joint Schedule of Conditions report on behalf of the adjacent owner. After that, the surveyors will work together to create a Party Wall Award, which the adjacent owner’s independent surveyor will then review. In the end, each party will receive a Party Wall Award.
The adjacent owner should carefully weigh their options and consult with qualified party wall surveyors. These surveyors can help the neighbouring owner navigate the process, guarantee adherence to the Party Wall etc. Act of 1996, and safeguard their interests during the building process.
You have the right to consult a Party Wall Surveyor to protect your interests.
Please get in touch with us for a free consultation. Our well-versed and professional staff will determine whether the suggested work is covered by the Party Wall Act based on your drawings, which you can share with us via email or call. We offer you our best, customised, and risk-free advice. We are also pleased to provide our professional services to Greater London and the surrounding areas.
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