Receiving a Party Wall Notice
The first point 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 be in the proper execution of a formal written notice and is generally served two months' prior to commencement of the work or one month in the case of excavation works only.
When you receive such a notice you should seek advice before signing a consent form and possibly waiving your rights. The notice should offer you the opportunity to teach a surveyor to record the condition of your property both prior to the work commences and again on completion.
If you refused to react to a notice from the building owner, he will have the ability 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 necessitate notice.
If you're the adjoining owner and receive a party wall notice, you might agree to the proposed works should you be entirely happy that there will be no damage or consequences to your property. Otherwise, if you do not agree or in the event that you ignore the notice, you then must agree to an individual surveyor being appointed, or appoint your personal.
Being an adjoining owner, served with a celebration structures notice, you might issue a counter-notice within one month requiring additional works to be completed, and you also must consent within 14 days or a dispute is regarded as to exist.
The notice must include:
1) A clear 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 must be included.
5) If any of the information is missing from the served noticed, it will be invalid in which case, any subsequent award may also be invalid.
Finally what in the event you do if you get a Party Wall Notice from your neighbour. You have 2 weeks from the date of the notice where 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 https://hazelnews.com/where-to-find-structural-engineers/ has suggested a surveyor on their notice you may concur in the appointment of this surveyor as 'Agreed'.
The proposals affecting the Party Wall can not be resisted ultimately, although if you are a adjoining owner, by dissenting from the Notice, appointing a surveyor and the preparation of a Party Wall Award, you'll go quite a distance to protecting your interests.
Despite its name the Act is not only concerned with party walls but additionally governs excavations close to adjacent buildings and specific forms of notice, referred to 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 the problem ought to be resolved by the appointment of surveyor.