Finding a Party Wall Notice
The first point at which you become alert to your neighbour's plans may be whenever a formal written notice from their representative drops through your door. Go to this site should maintain the form of a formal written notice and is normally served two months' ahead of commencement of the task or one month in the case of excavation works only.
When Right of Light Consultants Bloomsbury receive this type of notice you should seek advice before signing a consent form and perhaps waiving your legal rights. The notice should give 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 https://obrien-groth.hubstack.net/a-quick-and-easy-introduction-to-the-party-wall-etc-act-1996 that you refused to react to a notice from a building owner, he'll manage to appoint a surveyor in your stead in order 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 forming of foundations within 6 metres of an adjoining property may require notice.
If you're the adjoining owner and get a party wall notice, you might agree to the proposed works if you are entirely happy that you will see no damage or consequences to your premises. Otherwise, if you don't agree or in the event that you ignore the notice, then you must agree to a single surveyor being appointed, or appoint your personal.
Being an adjoining owner, served with a party structures notice, you may issue a counter-notice within a month requiring additional works to be completed, and you must consent within 2 weeks or a dispute is regarded as to exist.
The notice must include:
1) An obvious statement that the notice has been served beneath the Party Wall etc Act 1996.
2) The date the notice is being served.
3) The address' of both properties concerned
4) If the notice is for excavation work, a drawing showing the position and depth of the excavation should be included.
5) If the information is missing from a served noticed, it will be invalid in which particular case, any subsequent award will also be invalid.
Finally what in the event you do if you receive a Party Wall Notice from your neighbour. You have 14 days from the date of the notice in which to consent. If you do not answer the notice you're deemed to possess dissented under the Act and must appoint a surveyor.
You may also indicate your dissent on the notice's acknowledgment. If the Building Owner has suggested a surveyor on the 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 Party Wall Award, you'll go a long way to protecting your interests.
Despite its name the Act isn't just worried about party walls but additionally governs excavations close to adjacent buildings and specific types of notice, referred to as 3 metre and 6 metre, must be served.
If either you or your neighbour have objected to others notice and the dispute can't be settled by way of a friendly discussion, then the problem should be resolved by the appointment of surveyor.