Party wall problems? Here are some advices: In most cases, if the adjoining does not respond within 14 days then a deemed dispute is said to have occurred and the person carrying out the work must appoint a surveyor to act on the adjoining owners behalf. If adjoining owners provide written consent to the works as set out within the notices, then there is no dispute to resolve and no further need for party wall surveyors or, indeed, the Party Wall Act. Assuming work proceeds as detailed within the notice and no damage is caused, then no further involvement is necessary. Resolving Disputes: If adjoining owners dissent to the works (or if no response is received and a deemed dissent has arisen) then a dispute has occurred which must be resolved under the requirements of Section 10 of The Act. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage. Where written agreement is not given, the solution the Act provides is for both parties to appoint an ‘agreed surveyor’ who will act impartially or for each owner to appoint a surveyor who in turn appoint a third surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).
In order to ascertain whether any damage to your neighbour’s property has been caused by the execution of the works, a ‘Schedule of Condition’ is normally prepared by the party wall surveyor(s) prior to the works, which can then be referred to following completion. The building owner undertaking the works will be liable for any damage caused. For this reason and to avoid false claims, even in the event your neighbour agrees to the works and accepts the notice it is strongly advisable to prepare a Schedule of Condition of their property in the areas which may potentially be affected.
This decision would be much easier if you knew in advance whether or not your neighbour was planning to consent. Why not smooth the way by giving your neighbour a copy of the plans as soon as they are ready and at least a week or two before serving the official notice? Take the plans round personally and explain the parts of the work which will affect their property. Include your architect’s office number in case they have any technical questions. Having received full details of the work your neighbour should may be able to tell you whether or not they will consent before you serve the notice; although they might wish to consult their own surveyor before making any response.
Ok so I should never serve notices myself? Actually that is not what we are saying we are just saying weigh up what it could potentially cost you if you get it wrong and if you don’t really understand what your doing its probably cheaper and easier to get a Party Wall Surveyor to do it for you. We have provided DIY templates in the notices section at the top of the website for you to easily fill out if you know what you are doing these are based of Facility of Party Wall Surveyors documents and include our details for easy appointments should you need a party wall surveyor. Should you need an expert Party Wall Surveyor Kent or generally on party wall matters please don’t hesitate to contact us on 01843 808184 or email us at info@home-heroes.co.uk or use our contact form on the website. Read extra info at Party Wall Surveyor Whitstable.