Receiving a Party Wall Notice
Party Wall Surveys London at 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 proper execution of a formal written notice and is normally served two months' prior to commencement of the task or one month in the case of excavation works only.
When you receive this type of notice you should seek advice before signing a consent form and perhaps waiving your legal rights. The notice should offer you the opportunity to teach a surveyor to record the health of your property both prior to the work commences and again on completion.
In the event that you refused to respond to a notice from the building owner, he will manage to appoint a surveyor in your stead so 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 get a party wall notice, you may consent to the proposed works for anyone who is entirely happy that you will see no damage or consequences to your premises. 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.
As 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.
https://zenwriting.net/kenyagoat7/an-instant-and-easy-introduction-to-the-party-wall-etc-act-1996 must include:
1) An obvious statement that the notice has been served under 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 should be included.
5) If any of the information is missing from the served noticed, it will be invalid in which case, any subsequent award will also be invalid.
Finally what should you do if you get 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 have dissented beneath 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 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 an adjoining owner, by dissenting from the Notice, appointing a surveyor and the preparation of a celebration Wall Award, you'll go a long way to protecting your interests.
Despite its name the Act isn't only worried about party walls but additionally governs excavations near 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 using a friendly discussion, then your problem should be resolved by the appointment of surveyor.