According to the Party Wall etc. Act 1996, you will see the following construction options for your neighbour if he/she wants to construct on or near to your property:
- Directly repairs party fence walls, party constructions, or party walls.
- The building of other walls that extend up to or past the borders.
- excavation within three or six metres of nearby structures.
Icon Surveyors suggest you serve a party wall notice at least 1-2 months in advance before you start your proposed work.
According to the legislation, the adjacent owner is the statutory owner who is adjacent to the construction work, and the owner of the building is the statutory owner who performs the construction work of his property.
One of your alternatives as the neighbouring owner is to consent to work so that the building owner can start construction without needing to follow extra party wall procedures.
When you consent, we advise you to carefully check other aspects and options to respond to the party wall notice. You have the authority to appoint either an approved party wall surveyor to represent you as an adjacent owner. The party wall surveyor assesses the proposed work by the building owner, when permission is granted, and any threats to your property that might keep you out of a contentious scenario.
Can You Dissent to the Party Wall Notice After Giving Consent?
This might be just as challenging as any other project. The contract cannot be broken after it has been signed and the building owner has given the instructions to initiate the construction. However, you may raise your concern about the work if something goes wrong (after the builder begins operating).
Damage to your property, difficulties entering your place, and completion dates are just a few of the problems.
Icon Surveyors, always advise you to speak with the building owner immediately if you run into this kind of issue or contact a surveyor to find the best possible solution. This normally involves far less expense and time to settle a disagreement.
However, it is advisable to hire an experienced party wall surveyor who can help with dispute settlement if the standard party wall procedure wasn’t followed with some disagreement between both parties.
Party wall surveyors claim that the building owner is responsible for any damage to a neighbouring owner’s property that results from building-related activities, unauthorised entry, or other reasons. You can step in to determine if it is a thing. The cost of the damage will be determined, and the building owner will do the required repair work if the party wall surveyor finds that the building owner’s work caused the damage to the neighbouring owner’s property.
Under the Party Wall Act, the adjoining owner has two options for the repair of the property damage, either:
- Give the repair job to the construction company’s contractor.
- You file a compensation claim and employ your contractor to make repairs.
It is crucial to remember that the legislation solely serves to protect nearby property owners. The cost of the repair, as well as the party wall surveyor’s charge to resolve the dispute, must be covered by the building owner. The Party Wall Surveyor concentrates on finding time- and money-efficient solutions.
Icon Surveyors always advise consulting with a skilled party wall surveyor if you are a nearby property owner concerned about your neighbour’s work. Icon Surveyors, would be happy to assist you with their free party wall advice on such party wall matters!