Consent for Party Wall Work
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Neighbour performing Works without a Party Wall Agreement
When planning building work that will affect a party wall, it is necessary to follow the “party wall process” before starting the actual work. This involves serving notice to all owners of adjoining properties (the adjoining owners) to inform them of the planned construction.
The notice gives the adjoining owners a specified period of time to respond and to appoint a surveyor if they wish to do so. If they do not respond, you proceed as if they have refused and hire a surveyor. Hearing details of the planned work and any objections, the surveyors then make a decision called a “Party Wall Award.”
When the other side doesn’t agree, you really do have a dispute. There is always the possibility of getting a counter notice and that is an opportunity in which to try to resolve any outstanding issues. If you get a counter notice, it also means that you are in dispute.
If you need a Party Wall Award, the first step is to appoint a surveyor to manage the process. Although, this will incur a cost against you, the Building Owner, but it is a necessary and even beneficial aspect of the process. If appointing a surveyor seems daunting, then remember that you are effectively delegating tasks to your surveyor, who is meant to help you resolve any matters in the process. For more specific guidance, do get in touch with one of our experienced Canterbury RICS party wall surveyors.
Canterbury, London, Bristol, Birmingham, Manchester & Cardiff Loft Conversion Party Wall Notice
One of the documents that a surveyor might prepare is a Party Wall Notice, which must be served on the affected neighbour.
When you have a Party Wall Surveyor from Canterbury, they will ensure all the legal and construction matters around the Party Wall are in order. They will serve the wall notice properly and oversee the process to its completion. It is crucial for you to have this done correctly, as any errors could make you liable in the future. The notice has to have the following information:
- the name of who’s serving the notice (that’s you) and your address;
- the address of the site where the work is happening;
- a full and detailed description of the work that’s going to be done
- drawings;
- the address of the property whose owners you’re serving the notice to;
- the date you intend to start the work (which has to be at least two months from when you serve the notice).
Your Canterbury party wall surveyors will follow a particular procedure once the notice has been served to ensure that any dispute that may arise is resolved as quickly as possible. If you think you need a Party Wall Agreement for your loft conversion, it’s a wise idea to first chat informally with your neighbours about your plans for the loft. You want to give them some advance notice and warning so that they are mentally prepared when they receive the formal notice. Therefore, don’t be worried about having to serve a notice with the understanding that your conversation has made what is likely to be a very formal process much less awkward for you and your neighbours.
How will a change affect your structure?
An extension at ground level, a conversion at loft level, and a cellar conversion at basement level each exert a different influence on a building. Each of these changes requires you to think deeply and discuss with your architect or designer what kind of effect you want your alteration to have on your house.
Consider involving our panel of surveyors in this dialogue for the benefit of understanding whether the works might be improved and which areas need to be covered in the Schedule of Condition.
How do you make a Schedule of Condition?
The report consists of a description of defects present in the adjoining owner’s property and the pictures serve just to supplement the writing. Between them, they present a clear understanding of what is being referred to, too.
The Surveyor can describe, photograph, and draw diagrams well enough to give an accurate account of the property condition.
In Canterbury, homeowners and landlords can have Schedules of Conditions done by surveyors. If you want a Schedule of Condition completed and are interested in getting a complimentary quote for the service, contact the surveyors in Canterbury today.
How do I serve a Party Wall Notice?
To serve a notice under the Party Wall Act, which concerns building work on a shared wall, there must be at least a 2-month waiting period before the actual building can begin. The notice must be directed to the proper legal owner and/or leaseholders of the property.
If these necessary details are not included in the notice, then it has not been served properly, and the notice period does not start. The notice can be served without planning permission and up to a year in advance of when the work is scheduled to start.
Once the adjoining owner receives the Party Wall Notice, they have 14 days to reply to it. They can either accept the notice (and allow the building owner to get on with the work) or dispute it (in which case they shouldn’t get on with the work until the dispute is resolved).
If neither party hears in 14 days, the building owner’s surveyor serves the adjoining owner with a further notice to help move things along. If they still don’t accept or dispute, we start assuming the adjacent owner disputes the notice and proceed to appoint surveyor on their side.
