Have you been served a party wall notice by your neighbours?
Under the Party Wall Act 1996 it is your legal right have an independent Party Wall Surveyor appointed to represent you, paid for by the Building Owner/ developer carrying out the works.
Common build errors such as overhanging gutters, excavations undermining your foundations, trespass and damage to shared walls can be avoided by having a surveyor represent you in drawing up a Party Wall Award.
for free advice on how your neighbours project may impact you
Neighbours Party Wall Extension
Been served a party wall notice? These are the key issues to consider when responding
Neighbours extension party wall notices can often include notice to access to your property in order to undertake the notifiable building works. While the Party Wall Act allows this, a party wall agreement for extension will put in place criteria to both mitigate disruption and prevent property damage.
The Party Wall Act allows certain works that otherwise wouldn’t be allowed under common law. With that right comes a responsibility to ensure the party wall works do not prejudice or damage neighbouring property.
Having a party wall award in place both provides an additional level of oversight and also a low cost, easy access means to have things put right if an issue does emerge.
The Party Wall Act enables construction that can impact neighbouring property and also change the legal relationship between properties and structures. Creating a 'party' relationship has legal implications and potential future costs implications.
Its important these are understood before agreeing to notifiable party wall works and a neighbour building extension party wall agreement is drawn up with an understanding of these legal implications.
What is a Party Wall Award?
A Party Wall Award, also known as a Party Wall Agreement, is a legally binding document that sets out the rights and obligations of neighboring property owners who are carrying out building work that affects a shared wall or boundary. The Party Wall Award is typically used in situations where the building work being undertaken by one property owner could potentially impact the structural integrity or stability of a shared wall or boundary with the adjoining property.
Does My Neighbour Need A Party Wall Agreement
It depends on the nature of the work your neighbor is planning to carry out. If the work involves certain types of construction, such as building a new wall on the boundary line or excavating near the boundary line, then your neighbor may need to serve you with a party wall notice and enter into a party wall agreement with you. - Extensions - Loft conversions - Chimney removal - Basements - Works to boundary walls - Excavations within 3m of your property - Construction along boundary line
My Neighbour Started Work Without Party Wall Agreement, what should i do?
If your neighbour has started work without serving you with a party wall notice and entering into a party wall agreement, they may be in breach of the Party Wall etc. Act 1996. The first step is to talk to your neighbour and ask them about the work they are carrying out. They may be unaware of the Party Wall etc. Act 1996 and the need for a party wall agreement. If this is the case, you can inform them of their legal obligations and suggest that they serve you with a party wall notice. If your neighbour continues to ignore their legal obligations and carry out the work without a party wall agreement, you may need to seek advice from a party wall surveyors or solicitor . It's important to have the works legalised to protect your property.
For simple projects you may be happy to agree to the works outlined in the initial party wall notices. Otherwise, we can provide free advice.
Common types of works that affected by the Party Wall Act:
Works to boundary walls
Any excavations within 3m of your neighbours property
Any construction along boundary line
Find out more about the Party Wall Act and process here.