Finding a Party Wall Notice
Helpful site of which you become alert to your neighbour's plans may be whenever a formal written notice from their representative drops through your door. This should maintain the proper execution of a formal written notice and is normally served two months' prior to commencement of the work or one month in the case of excavation works only.
When you receive this type of notice you need to seek advice before signing a consent form and possibly waiving your rights. https://telegra.ph/SO-HOW-EXACTLY-DOES-The-Party-Wall-Act-Affect-Building-Work-04-10 should offer you the opportunity to instruct a surveyor to record the condition of your property both prior to the work commences and again on completion.
In the event that you refused to react to a notice from a building owner, he'll have the ability to appoint a surveyor in your stead so that the dispute resolution procedure can proceed without your cooperation. The legislation is statute law and any works to party walls, structures, fences or, specifically circumstances the formation of foundations within 6 metres of an adjoining property may necessitate notice.
If you're the adjoining owner and get a party wall notice, you might agree to the proposed works in case you are entirely happy that there will be no damage or consequences to your property. Otherwise, if you do not agree or if you ignore the notice, you then must agree to an individual surveyor being appointed, or appoint your own.
As an adjoining owner, served with a party structures notice, you may issue a counter-notice within one month requiring additional works to be carried out, and you must consent within 2 weeks or a dispute is regarded as to exist.
The notice must include:
1) A clear statement that the notice has been served under The Party Wall etc Act 1996.
2) The date the notice has been served.
3) The address' of both properties concerned
4) If the notice is for excavation work, then a drawing showing the position and depth of the excavation must be included.
5) If any of the information is missing from a served noticed, it will be invalid in which particular case, any subsequent award may also be invalid.
Finally what in the event you do if you receive a Party Wall Notice from your own neighbour. You have 2 weeks from the date of the notice in which to consent. If you do not reply to the notice you're deemed to possess dissented under the Act and must appoint a surveyor.
Also you can indicate your dissent on the notice's acknowledgment. If the Building Owner has suggested a surveyor on their notice you might concur in the appointment of this surveyor as 'Agreed'.
The proposals affecting the Party Wall can not be resisted ultimately, although if you are an adjoining owner, by dissenting from the Notice, appointing a surveyor and the preparation of a celebration Wall Award, you'll go a long way to protecting your interests.
Despite its name the Act isn't only worried about party walls but also governs excavations close to adjacent buildings and specific types of notice, known as 3 metre and 6 metre, should be served.
If either you or your neighbour have objected to the others notice and the dispute cannot be settled by way of a friendly discussion, then your problem ought to be resolved by the appointment of surveyor.