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Party Wall Notice
No charge for serving Party Wall
Notices
I do not share a party wall with my neighbour.
I am building an extension on my own land - do I still need
to serve a party wall notice?
The Party Wall Act does not only deal with shared party
walls. Any excavation (required for most types of new foundations)
within three metres of any structure on an adjoining property
may require you to notify your neighbours under the Party
Wall Act. If your excavation will be to a lower level
than your neighbour's existing foundations, which is usually
the case with older properties, then a party wall notice
will be required.
I have received a notice under the Party Wall Act 1996
- is it valid and what do I do next?
We are always happy to offer our opinion on the validity
of party wall notices at no cost - please either fax or
post the notice to our office for advice. If you decide
that you would like a party wall award drawn up and for
one of our party wall surveyors to act on your behalf please
complete the adjoining owner authorisation
form found on this website and return it to us with
the original notice. Your party wall surveyor will then
deal with the party wall notice on your behalf. If you do
not want a party wall award you should consent to the party
wall notice within 14 days of receipt or else you may automatically
be deemed to be in dispute with the party wall notice.
My neighbour has started works subject to the Party
Wall Act 1996 already or has told me that he is going to
start such works shortly. I have not had a party wall notice
yet - what should I do next?
Even if you do not intend on appointing a party wall surveyor,
it is important that you get a party
wall notice from your neighbour. Without a valid Party
Wall Act notice the works may take place contrary to the
legal provisions of the Party Wall Act. If you have serious
concerns that work may be starting without party wall notice
being served, and you are absolutely sure that works will
fall under the Party Wall Act , we may be able to assist
you in seeking an order from the court which will stop such
works until a notice is served and you are given the opportunity
to appoint party wall surveyors.
I have received a letter from my Local Authority - is
this anything to do with Party Wall Act?
No. Your Local Authority will not become involved in the
party wall agreement under any circumstances, nor will they
serve notices on behalf of your neighbours. Your neighbour
will need to serve a party wall notice upon you directly.
More answers to the most commonly asked questions
about the Party Wall Notices
can be found in the Government's Party
Wall Act 1996 Explanatory Booklet.
Party Wall Award
I am confused as to what a party wall award actually
is and whether this is different from having a party wall
survey completed of my property.
A Party Wall Award is a legally binding document that allows
the building owner to undertake works at, or close to, the
party wall lawfully whilst safeguarding the rights of the
adjoining owner. The party wall award governs how and when
the party wall works are to be undertaken, states the precise
nature of the party wall works in plain English, and sets
in place procedures and obligations to protect both parties
from potential damage or claims. As a part of the party
wall award your party wall surveyors will generally examine
and comment upon the drawings for the works. In most cases
the party wall surveyors will also attach a 'schedule of
condition' which is a written report of his survey of the
relevant parts of the adjoining
owner's building. The schedule of condition allows the
party wall surveyors to return to the adjoining property
after completion of the party wall works to verify and record
any damage. Although the party wall surveyor will try to
keep the party wall award as simple as possible, it is a
formal legal document and accordingly if you have difficulty
understanding it then one of our specialist party wall advisors
will be happy to go through the final party wall award with
you to explain what it means.
How long does it take to make a party wall award?
Our party wall surveyors can nornally offer two types of
service. Please note that if the party wall surveyor is
acting on behalf of only one of the parties, he can only
offer a standard service. In most cases where two party
wall surveyors are used the party wall award will be produced
within three to four weeks of the surveyors being appointed.
If one of our party wall surveyors is acting as the agreed
party wall surveyor, our standard service time is usually
ten to fourteen days. Our party wall surveyors can sometimes
offer an express service (an extra charge is applicable)
where, if the party wall surveyor is promptly provided with
all relevant documentation, the party wall award will be
sent by recorded courier within seventy-two hours of the
survey of the adjoining owner's property being completed.
How much will a party wall award cost?
The cost of a party wall award will vary depending upon
the type of work being proposed and the nature of the properties.
Most party wall surveyors charge on an hourly basis rather
than giving a flat rate: our hourly charge is currently
£140 + VAT. Please call us on 0870 11 66 966 if you
would like us to provide you withan accurate quotation.
More answers to the most commonly asked questions
about Party Wall Awards can be found in the Government's
Party
Wall Act 1996 Explanatory Booklet.
Party Wall Surveyor
My neighbour has told me that if I appoint party wall
surveyors then I will put them to a lot of additional expense
- surely it is not worth getting a party wall surveyor in
these circumstances?
It is true that the building owner will normally have to
pay your party wall surveyors costs; however this expense
must be seen in context of the cost of the entire building
project. One would hope that the Building
Owner has gone to additional expense to have an engineer
check his drawings and a surveyor inspect his property in
order to secure his own interests: these costs are as much
a part of having building work completed as architectural
or planning fees. The party wall surveyor's costs are normally
minimal in comparison with the budget of the overall project
- the benefits that a party wall award can have for both
parties often far outweigh the party wall award cost. A
party wall award easily allows claims for damages to be
verified and dealt with quickly. It also ensures both parties
have a written record of their legal position and the party
wall award can therefore often prevent future neighbourly
disputes. In some cases the only way to resolve a disputed
claim for damages without a party wall award is through
the courts, which usually puts an end to any amicable neighbourly
relations.
The Local Authority Building Inspector will be checking
the works during their progress - will he be doing the same
job as the Party Wall Surveyors?
Absolutely not. The Building Inspector is being paid to
check on the safety and conformity of the Building Owner's
works from their side of the boundary. He will not normally
enter your property at any stage and will not be able to
assist you with any damage claim. The reason this is the
case is because you are given an opportunity to appoint
your own Party Wall Surveyor and you are not therefore the
Local Authority's concern.
My neighbour has given me written assurance that their
contractors are fully insured and will repair any damage
to my property immediately. Surely this means that I am
protected anyway?
This assurance is certainly a start, however even accredited
contractors are sometimes not as reputable as we might like
to imagine and in the event of serious damage occurring
some would rather disappear than make a claim against their
insurance. Even if the contractors are reputable, it is
very easy for them to dispute whether they have caused certain
types of damage, such as cracks to your walls or ceilings.
Even if you take photographs of your property yourself,
this is unlikely to provide sufficient neutral evidence
in the event of a claim being made. Furthermore, insurance
claims often take many months to settle and this may result
in you having to either make a significant initial outlay
to repair your home or leaving your property damaged for
some time.
You have sent me a letter - how did you get my details?
We obtain details from the planning department of your local
authority of any works proposed which are likely to affect
neighbours under the Party Wall Act 1996. Party wall agreements
are totally separate from the planning application process
and consequently your local authority is under no obligation
to provide you with any information regarding your rights
under the Party Wall Act. We send letters to all planning
applicants and their neighbours to ensure that they are
informed of their rights, obligations, and options under
the Party Wall Act before works commence. We have strict
procedures in place to ensure that your data is treated
in accordance of the Data Protection Act: you should be
aware that the data that we collect is freely available
in the public domain.
More answers to the most commonly asked questions
about Party Wall Surveyors can be found in the Government's
Party
Wall Act 1996 Explanatory Booklet.
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