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The etc. Act 1996 provides an essential framework for fostering cooperation between property owners when construction or renovation work occurs near shared boundaries. Adjoining Owners often face uncertainty upon discovering nearby construction activities, prompting them to question whether it’s the right moment to consult a party wall surveyor. This blog post highlights when Adjoining Owners should seek professional advice and outlines steps to ensure proper party wall notices are served.

When to Contact a Party Wall Surveyor

Adjoining Owners have specific rights under the Party Wall Act, including the right to receive a party wall notice, consent or dissent to the proposed work, appoint their own surveyor, and ensure their property is protected during construction. Understanding these rights is vital for making informed decisions, and Adjoining Owners should reach out to a party wall surveyor for guidance. So, when is the best time to make this contact?

As soon as an Adjoining Owner becomes aware of their neighbor's proposed project, they should promptly address any concerns regarding the construction by contacting a party wall surveyor. Engaging a surveyor early on allows the Adjoining Owner to benefit from the protections offered by the Party Wall Act. It is crucial for Adjoining Owners to reach out to a party wall surveyor before any construction begins, as the Act's provisions concerning notice periods and dispute resolution will no longer apply once work has commenced.

Adjoining Owners receive official notification of proposed works through a Party Wall Notice, which may be served by the Building Owner or, in some cases, their party wall surveyor. The Party Wall Act stipulates a timeline for serving these notices: Party Structure Notices must be issued two months before any work on a party wall or structure, and one month before constructing a new wall on the line of junction or conducting excavation work. This is typically the stage where party wall surveyors become actively involved on behalf of Adjoining Owners. If an Adjoining Owner chooses to dissent from the notice, they must respond to the Building Owner and name their appointed Party Wall Surveyor. Dissenting triggers a dispute, which can only be resolved by party wall surveyors who facilitate communication between both property owners, ensure compliance with the Party Wall Act, and protect the interests of both parties.

After an Adjoining Owner expresses their written dissent, the Building Owner faces an important decision: they can either appoint the same surveyor as the "Agreed Surveyor" or choose an independent surveyor. This assumes that the Building Owner has issued a Party Wall Notice before starting any work. However, real-life situations can be unpredictable, and we will discuss these scenarios along with effective resolution strategies.

What to Do if No Party Wall Notice Is Served

When an Adjoining Owner is familiar with the Party Wall process and discovers that the Building Owner is not aware of their legal obligations under the Party Wall Act, the informed neighbor should educate the Building Owner on the necessity of serving appropriate Party Wall Notices for their planned works. If the Building Owner is hesitant to heed this advice, recommending consultation with a party wall surveyor becomes essential. A professional surveyor can clearly explain the Building Owner’s responsibilities regarding the proposed works and guide them in meeting their legal obligations to the neighboring property.

Properly drafted party wall notices must include clear details about the proposed works, the expected start date, and any potential impacts on the adjoining property. Collaborating with a party wall surveyor ensures that the notice complies with legal requirements. If there is any uncertainty regarding the validity of a received Party Wall Notice, Party Wall London is available to review it. We also assist Building Owners in serving appropriate Party Wall Notices to Adjoining Owners.

In unfortunate scenarios where the Building Owner refuses to serve a required Party Wall Notice, complications may arise. In these instances, the Adjoining Owner should promptly engage a Party Wall Surveyor, who can inform the Building Owner of the risks involved with not following proper procedures.

Conclusion

Adjoining Owners can capitalise on the benefits of the Party Wall Act by proactively seeking professional guidance at the right moment. Early communication, involving qualified surveyors, and adhering to the Act's timelines are crucial components for ensuring a smooth, legally compliant process. By staying informed and prepared, Adjoining Owners can confidently navigate the complexities of the Party Wall Act, effectively protecting their interests during neighboring construction or renovation projects.

Choose Simply Party Walls – your trusted party wall surveyor in London Surrey Kent and Sussex. Let’s build together with confidence!
 

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