Finding 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 during your door. This 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 you receive such a notice you should seek advice before signing a consent form and possibly waiving your rights. The notice should give you the opportunity to instruct a surveyor to record the health 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'll have the ability to appoint a surveyor on your behalf 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 require notice.
If you are the adjoining owner and receive a party wall notice, you might agree to the proposed works in case you are entirely happy that you will see no damage or consequences to your premises. Otherwise, if you do not agree or in the event that you ignore the notice, you then must agree to a single surveyor being appointed, or appoint your personal.
As an adjoining owner, served with a celebration structures notice, you may issue a counter-notice within one month requiring additional works to be completed, and you must consent within 2 weeks or a dispute is deemed to exist.
The notice must include:
1) A clear 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, then a drawing showing the position and depth of the excavation must 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 Right of Light Consultants Bloomsbury do if you receive a Party Wall Notice from your own neighbour. Right of Light Consultants Keston 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 their notice you might concur in the appointment of that 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 isn't just concerned with party walls but additionally governs excavations close to adjacent buildings and specific forms of notice, known as 3 metre and 6 metre, should be served.
If either you or your neighbour have objected to 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.