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Welcome to our Party Wall etc. Act page. We provide essential guidance for Building Owners and Adjoining Owners involved in construction projects governed by the Party Wall etc. Act of 1996 in England and Wales.
Understanding the Party Wall Act:
The Party Wall Act is a critical legal framework designed to prevent disputes between neighbours regarding construction activities and provide structured procedures for resolution. Notifiable work under the Act falls into three categories:
- New Boundary Walls
- Work to a Party Wall
- Excavations
The Party Wall Procedure:
- Service of Notices: Building Owners must notify affected Adjoining Owners about proposed work.
- Response: Adjoining Owners may consent or dissent to proposed works.
- Schedule of Condition: Documenting the property condition before work commences.
- Agreeing the Party Wall Award: Setting out the involved parties, notifiable work, and procedures.
- Service: Finalizing the Award and commencing work.
- Final Inspection upon Completion of Works: Assessing damages and compliance.
Who Pays the Surveyor’s Fees?
Building Owners typically cover all 'reasonable' costs, including Adjoining Owners' surveyor fees, if the work benefits the Building Owner. Adjoining Owners' surveyor fees are calculated hourly and negotiated with the Building Owner's surveyor.
Local Party Wall Surveyors:
Our team of Party Wall surveyors local to you, operate in and around:
- South East London
- Sevenoaks
- Tonbridge
- Tunbridge Wells
- Ashford
- Canterbury
- Hastings
- Maidstone
For more information on how the Party Wall Act affects you, download a copy of the official Government Guide Booklet at https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet. If unsure about the Act's implications for your property, contact our surveyors on 01580 712460. Alternatively, complete our Contact form for a call back or request a quick, no-obligation Party Wall Quote for your project.
Ensure compliance with the Party Wall Act and maintain positive relationships between neighbours throughout the construction process with our comprehensive guidance.
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Party Wall Notices
If you're planning any construction work on a shared wall or boundary line, understanding the requirements of the Party Wall Act is crucial. The Act mandates serving a Party Wall Notice to your neighbours, informing them about the intended construction work.
But when exactly should Party Wall Notices be served? Let's explore.
When Should Party Wall Notices be Served - Introduction
The Party Wall Act of 1996 was established to regulate construction work on shared walls and boundary lines. It's essential to grasp the Act's provisions, particularly regarding Party Wall Notices. This article discusses the timing for serving these notices and other key aspects of the Party Wall Act.
What is a Party Wall Notice?
Before delving into timing, it's crucial to understand Party Wall Notices. These formal letters inform neighbours of planned construction work on shared walls and boundary lines. Notices provide neighbours with the opportunity to voice objections or concerns.
Types of Party Wall Notices
There are three types of Party Wall Notices:
- Line of Junction Notice: Served when building up to a boundary line.
- Notice of Adjacent Excavation: Served when excavating near a neighbour's property.
- Party Structure Notice: Served when working on a shared wall or structure.
When Should Party Wall Notices Be Served?
The Party Wall Act stipulates serving a Party Structure Notice at least two months before construction work begins. Other notices require a month's notice.
Early service is advisable to prevent disputes. It's also crucial to serve the correct notice for the planned work.
What Happens After Serving the Party Wall Notice?
After serving the notice, neighbours can consent or dissent. If they dissent, appointing a surveyor helps resolve disputes and ensures smooth construction.
Conclusion
Compliance with the Party Wall Act is essential for construction on shared walls and boundaries. Serving notices early helps prevent disputes. Failure to comply can lead to financial consequences.
For detailed information on Party Wall Notices, explore our article. Additionally, we offer various Party Wall & Neighbourly Matters services.
For further help and advice on serving a Party Wall Notice, please get in touch. Whether you're a Building Owner planning work or an Adjoining Owner receiving a notice, we can assist you. Alternatively, fill in our Contact form for a callback.
For more information on the Party Wall Act and related topics, explore our Party Wall Fact Sheet and FAQs. We also provide guidance on choosing a Party Wall Surveyor.
Send us your project details for a quick online quote for Party Wall advice.
Local Party Wall Surveyors
To contact a Party Wall surveyor near you, see details of our teams in:
- South East London
- Sevenoaks
- Tonbridge
- Tunbridge Wells
- Ashford
- Canterbury
- Hastings
- Maidstone
Thank you for considering our Party Wall services.
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Received a Party Wall Notice?
Should You Consent to a Party Wall Notice?
If you're a neighbour to proposed building work and have received a party wall notice, you might wonder whether you should consent and allow work to progress without engaging party wall surveyors.
We always advise building owners to communicate with their neighbours before serving a formal notice. Neighbours who feel consulted and informed are less likely to immediately appoint a surveyor when a notice is served. This can help avoid incurring unnecessary surveyor fees, especially if the proposed work is minor.
Effect of Consent to a Party Wall Notice
However, for the Adjoining Owner, providing consent to a party wall notice significantly affects their rights should any dispute arise during the work. Consent represents confirmation from the affected neighbour that they are content for the work to proceed without invoking the provisions of the party wall act and the important protections this provides.
In such circumstances, we always recommend preparing a Schedule of Condition of the Adjoining Owner's property before work commences. This report records the condition of the neighbour’s property, which can be crucial in mitigating disagreements regarding potential damages caused by the works.
Dispute Resolution Following Consent
Having consented to works and prudently undertaken a Schedule of Condition (SoC), what happens if there is a dispute, such as damage occurring?
Had the Adjoining Owner dissented to the notice, surveyors would have been appointed to conduct a final inspection once work was completed, with the cost covered by the Building Owner.
However, by consenting to the party wall notice, the provisions of the party wall act will not have been invoked. Consequently, in case of a dispute, the Adjoining Owner would have to bear the cost of a final inspection by a qualified surveyor to assess any damage.
Should a dispute arise regarding the cost or responsibility for damage, the Adjoining Owner will need the Building Owner's agreement to appoint surveyors under the Party Wall Act to resolve the dispute. If not, the only recourse would be legal action through the Courts, which can be costly and time-consuming.
Conclusion
Consenting to a Party Wall Notice can save the Building Owner some surveyor’s fees and maintain good neighbourly relations. However, the potential liability transferred to the Adjoining Owner is significant. We only advise consent where the proposed work is minor, and the risk of a damage dispute is low.
For further guidance on the Party Wall Act or assistance with the process, please don't hesitate to get in touch.
Thank you for considering our Party Wall services.
Send us copies of your notices for a quick online quote for Party Wall advice.
Local Party Wall Surveyors
To contact a Party Wall surveyor near you, see details of our teams in:
- South East London
- Sevenoaks
- Tonbridge
- Tunbridge Wells
- Ashford
- Canterbury
- Hastings
- Maidstone
Thank you for considering our Party Wall services.
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