The first point of which you become alert to your neighbour's plans may be when a formal written notice from their representative drops through your door. This should maintain the form of a formal written notice and is normally served two months' prior to commencement of the work or one month regarding excavation works only.
When Browse around this site receive such a notice you need to seek advice before signing a consent form and possibly waiving your rights. The notice should offer you the opportunity to instruct a surveyor to record the condition of your property both before the work commences and again on completion.
If you refused to respond to a notice from a building owner, he will be able to appoint a surveyor on your behalf 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, in particular circumstances the formation of foundations within 6 metres of an adjoining property may require notice.
If you are the adjoining owner and receive a party wall notice, you may agree to the proposed works when you are entirely happy that you will see no damage or consequences to your property. Otherwise, if you don't agree or if 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 celebration structures notice, you may issue a counter-notice within one month requiring additional works to be carried out, and you also must consent within 2 weeks or a dispute is deemed to exist.
The notice must include:
1) An obvious statement that the notice is being served beneath 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, a drawing showing the position and depth of the excavation should be included.
5) If any of the information is missing from the served noticed, it'll be invalid in which particular case, any subsequent award will also be invalid.
Finally what should you do if you receive a Party Wall Notice from your neighbour. You have 14 days from the date of the notice where to consent. If you don't reply to the notice you're deemed to possess dissented under the Act and must appoint a surveyor.
You can also indicate your dissent on the notice's acknowledgment. If the Building Owner 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't 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 will go a long way to protecting your interests.
Despite its name the Act is not only worried about party walls but additionally governs excavations near to adjacent buildings and specific types of notice, known as 3 metre and 6 metre, must be served.
If either you or your neighbour have objected to others notice and the dispute cannot be settled by using a friendly discussion, then the problem should be resolved by the appointment of surveyor.