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Party Wall Assistance

Adjoining Owner - Assistance.....

  • Has your neighbour started building on or near to the Party Wall without giving you notice.

This issue happens all the time and its normally one of two reasons;

1. Your neighbour does not know there is a Law to protect you which must be complied with.

2. Your neighbour knows about the law but decides to disregard it.

     We can help instigate your neighbour in serving the required notices if required. Please ask.

  • If you receive a building notice in relation to the Party Wall etc. Act 1996

You are completely at liberty to agree to the building owner's notice and need to reply giving your authority to proceed in writing within 14 days of the notice. 

  • You may wish to have the following security in place with an 'Award' legally served.

A fully detailed 'condition' survey including Laser Level report, for future reference to justify any claims once the building work is complete.

  1. In normal circumstances all costs for the 'Party Wall Award' including the costs of the surveyors are paid by the building owner.

  2. To have this security it is simply a matter of dissenting to the notice at which point a dispute shall be deemed to have arisen between the parties. This can be done by serving a 'dissent notice' or simply not replying.

  3. Party Wall Surveying Limited offer a free service in correctly wording your reply to a notice as your appointed Party Wall Surveyor, preparing, serving and receiving notices on your behalf as necessary under the Act and to make any appointments needed on your behalf.

  4. At the point both parties appoint a Party Wall Surveyor. It is possible to have just one Party Wall surveyor called the 'Agreed Surveyor' or if both parties appoint a surveyor (which is recommended) these 2 surveyors must in turn select a third surveyor to act as a referee should there be a dispute between the two surveyors.

  5. Once everything is in order, the surveyor(s) normally visit, listen to both parties, carry out a 'condition survey' of your (the adjoining owner's) property to make sure any damage which occurs from the proposed building work can be proven and allow for rectification or compensation.

  6. The surveyor (jointly if 2 surveyors) draft an 'Award' which takes into account the way the work should proceed with minimum inconvenience to the adjoining owner and confirms the details for any compensation and costs.

  7. The Award is then served on both parties at which point there is 14 days period to appeal the award by both parties.

  8. The building owner can commence the work immediately the award is served although it is wise to wait for the 14 day appeal period.

 

CLICK HERE    We have attached a copy​ of the Party Wall etc. Act 1996 together with the Department of Communities and Local Government explanatory booklet giving full information on how the Act can assist both parties where the building work takes place on the party wall, on or up to the 'line of junction' or excavations near to the party wall.

Building Owner - Initial Consultation

It's always best to talk.....

We offer an initial consultation to visit you and review your project in relation to the Party Wall etc.Act 1996, along with meeting your neighbours and chatting through the proposed affected works.

The ideal outcome is to address any concerns with a view to an amicable agreement which would be formalised by an agreement to the building owner's Notice.

This does not remove the adjoining owner's right to enter into a dispute at any time and to use the full powers of the Party Wall etc. Act 1996 in resolution of a dispute.

The initial consultation includes:

  • Meeting the Building Owners at the site to discuss the proposed project in relation to the Party Wall etc. Act 1996.

  • Meeting with the adjoining owner to review any concerns (Following directly from the above meeting).

(it is advised to allow 1 hour for each of the above meeting​s when arranging ).

  • Presentation of the adjoining owners concerns and possible proposal to the building owner (Normally in the form of a report).

  • Drafting and serving of the building owners Notice for agreement by the adjoining owner.

  • Acting as agent to prepare, serve and receive any notices prior to a dispute arising.

Please ask about our 'Initial Consultation & Fixed Price Packages'

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