Are your neighbours planning to undertaking Construction Works which may invoke the Party Wall Act ?

What sort of works require my neighbour to serve me with a party wall notice?

Under the Party Wall etc. Act 1996, a notice is required for certain types of construction works that may affect a shared wall, party fence wall, or excavations near adjacent properties. The following are examples of works that typically require a party wall notice:

1. Building a new wall at the boundary between two properties
2. Cutting into or altering an existing party wall
3. Excavating near an adjacent property’s foundations
4. Underpinning a party wall or party fence wall
5. Demolishing and rebuilding a party wall or party fence wall
6. Constructing a new foundation within 3 meters of an adjacent property’s foundations
7. Any work that requires drilling into or fixing to a party wall

What does a party wall notice look like?

There are three types of notice and you may receive one, two or all three of them depending on the work that your neighbour is proposing.

1. Party Structure Notice – This type of notice is used when a building owner intends to undertake work on an existing party wall, such as making alterations, cutting into it or removing it. The notice must be served at least two months before the proposed start date of the work.
2. Section 1 Notice – This type of notice is used when a building owner intends to build a new wall at the boundary line between two properties, for example, as part of a proposed rear extension. The notice must be served at least one month before the proposed start date of the work.
3. Section 6 Notice – This type of notice is used when a building owner intends to excavate near an adjacent property’s foundations, which may affect the stability of the party wall. The notice must be served at least one month before the proposed start date of the work.

It is important to note that the notices must be served in accordance with the requirements of the Party Wall etc. Act 1996, and failure to do so may result in legal disputes and potential financial penalties for your neighbour.

What do I do if I receive a party wall notice from my Neighbour?

If you receive a notice from your neighbour or the building owner, you have three options to consider:

1. Consent to the works – You can choose to give your consent to the proposed works by signing and returning the notice to the building owner within the specified time frame. This means that you agree to the works and waive your right to appoint a surveyor. However, it is important to ensure that the works are compliant with the Party Wall etc. Act 1996 and that you are satisfied with the terms of the proposed works. You may wish to consent to the notice subject to a condition survey being undertaken of your property prior to the start of their works. This should reduce the risk of a dispute in the event that any damage is subsequently discovered.
2. Dissent to the works and appoint a surveyor – If you have concerns about the proposed works, you have the right to dissent to the notice and appoint a surveyor. The surveyor will act on your behalf and ensure that your interests are protected during the works. It is important to appoint a qualified and experienced party wall surveyor who can provide you with the necessary advice and guidance throughout the process.
3. Do nothing – If you fail to respond to the party wall notice, you will be deemed to have dissented to the works and the building owner will have the right to appoint a surveyor on your behalf. This may result in additional costs and delays to the works, so it is important to respond to the notice in a timely manner.

What if I don’t respond within 14 days?

If you do not provide your response to the notice(s) within 14 days from the date from which they are served on you, then you will likely receive a further letter giving you a further 10 days to provide your response failing which it is assumed that a dispute has arisen and your neighbour would be entitled to appoint a Surveyor on your behalf. Once they are appointed then the two surveyors would seek to agree an award to authorise your neighbours works, subject to any necessary safeguarding and protection of your property.

Should I consent to the notice or dissent to the notice?

Whilst we can advise you on the possible impacts and risks of the proposed works on your property, we cannot make the decision of whether to consent or dissent for you.

Should I request a condition survey of my building before the neighbours works start?

We think this is a very good idea by way of protection for both sides. From your neighbours point of view it will mean that they will have a record of the condition of your premises prior to their works commencing and will not be subject to any claim for pre-existing damage. In addition by understanding the condition of your property, the Surveyors, if appointed, can factor any necessary safeguarding and protections which may be necessary. From your point of view, it means that any new damage caused by the neighbours works should be obvious to identify and therefore quicker to resolve and rectify.

What happens if Surveyors are appointed?

In the event of a dispute, the party wall surveyors will act as a neutral third-party and work to resolve the issue. They will review the proposed work and assess the potential impact on the shared wall or boundary. The Surveyors will also undertake a site visit to understand better the potential risks of the works and to undertake a schedule of condition of your property. They will then produce and serve a Party Wall Award which will include various protections and safeguards for your property.

It is important to note that a party wall award is a legally binding document, and all parties involved must comply with its terms. Failure to do so can result in legal action and potential financial penalties.

What happens if my property gets damaged?

If your property gets damaged during the party wall works, the surveyor will determine the extent of the damage and assess the cost of repairing it. The cost of repairing the damage will be the responsibility of the party carrying out the works, and they will be required to pay the costs of the repair promptly.

If the parties cannot agree on the extent of the damage or the cost of repairing it, the party wall surveyor will issue the terms and conditions of the repair work to be carried out.

What happens once the Award is served?

Once the Award is served, both you and your neighbour have a period of 14 days within which the Award can be appealed, failing which it becomes a fully binding document.

How much will all this cost?

Professional fees are apportioned broadly on the basis of which party will benefit from the works being undertaken. In almost all circumstances all the professional fees are paid for by the person initiating the works and therefore as an Adjoining Owner, the process is typically at no cost to you.

Ready to appoint us or still have more questions?

Please give us a call at our central administration office on 01843 583500 or email cheryl@grahamkinnear.com and she can allocate you to the Surveyor who can handle your matter. We look forward to working with you.