Party Wall Notice Not Served
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What is the Party Wall Act, and how does it affect me?
If you want to carry out work on shared wall or structure that is close to other people (such as your neighbours), then the Party Wall Act might apply to you. It is relevant when people want to work on a shared structure, such as a wall.
The Party Wall Act is also relevant when working very close to a shared boundary—even if there is no wall. So, for example, if you’re carrying out excavation works close to neighbouring property, then the Party Wall Act is relevant.
Is it necessary for me to issue a Party Wall Notice?
If you are planning construction on or near to a neighbouring structure, your party wall surveyors will examine the drawing and the space between you and your neighbour to see if the work is covered by the Act. They will prepare and deliver the notices, including the drawings, and manage any responses.
What is the process for appointing a Party Wall Surveyor?
It is simple. Just send a letter to your potential party wall surveyor indicating that you would like him or her to act on your behalf. Once your party wall surveyor agrees to the arrangement, he or she will provide a letter of appointment for you to sign.
Is Planning Permission needed for a party wall?
No, you can notify the neighbours of your intention to do work on a wall you share with them before you get planning permission. The actual work, however, can not begin until you’ve got the necessary planning and building regulation approvals. A party wall agreement should be made before you start works.
How quickly must my Neighbour Respond to a Party Wall Notice?
A notice sent to an adjoining owner requires a reply within 14 days. If the adjoining owner does not reply in that time, a dispute is deemed to have arisen and the surveyor serves a notice that gives them 10 days to appoint a surveyor. If there is still no response, a surveyor is appointed for the adjoining owner under section 10(4).
What Happens When Notice Isn't Served?
If you don’t serve notice, your neighbours can stop your work with an injunction and may also sue you for damages and costs. If your neighbours claim that you have damaged their property and you haven’t followed the legal steps you’re required to take, then there’s a good chance that a judge will find against you. Again, this is even worse if you haven’t done a proper schedule of condition to prove that their property was in a good condition before your work started.
Is it permissible to commence construction work before a Party Wall Award is in place?
While it is permissible to start work after notice the notice period has expired, this is not something we would generally encourage. You might ask why, and the short answer is that doing so places you at risk of being in breach of any number of conditions the surveyors could reasonably set.
Is a Party Wall Notice required to install a kitchen or shelving?
Not for fitting kitchen units or shelving. This is because the work is considered non-structural; it does not impact the party wall. However, if your plans involve removing plaster, you would technically need to serve notice.
At what point should one engage the services of a party wall surveyor?
We advocate that this initial contact be made now. The reason for engaging a party wall surveyor under the Act lies in the notification process itself. Sending a well-drafted notice is the first step in many with consequences if not done correctly. To properly notify an adjoining owner serves two purposes: first, it fulfils a legal requirement; second, a well-notified adjoining owner is less likely to become an objectionable owner, which is good for all parties concerned.
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.
Have a Question?
Questions
Yes, unless you get written consent from your neighbour.
Yes, but you will still need a party wall award. Since we’re doing work on a wall that doesn’t belong exclusively to us, a reasonable award under the Party Wall Act is sensible, particularly the fire risks associated with this work.
A frequently selected alternative is to install a stainless steel flue system. This provides a straightforward way to vent the fireplaces that still exist in the homes of some clients.
There are several, notably: that the stack may be damaged and fall, causing structural damage; that the work may be done in such a way that damp enters the walls; that the debris may land in the neighbour’s fireplace; and that the work may not comply with the relevant sections of the Party Wall Act, thus giving rise to a lawsuit.
Many people choose to install a stainless steel flue system, as it is an economical option to venting a fireplace when you no longer have an actual chimney—yet still want the fireplace to work.
Authority figures recommend that you have the chimney stack inspected and/or cleaned at least once a year by a certified chimney sweep. This is done not only to ensure that the chimney stack is in good working order but also to identify any possible issues that could become big problems if not taken care of in a timely manner.
Making the correct decision on whether to remove or repair a shared chimney stack is extremely important, and there are a number of points you need to consider and be aware of. The key issue you need to investigate first is the physical condition of the chimney. Additionally, you’ll need to think about how to manage the Act in relation to the chimney with your Canterbury party wall surveyor.
To put it simply: don’t do it; not serving the notice can result in your project being slowed to a crawl or even halted.
The first step is to understand what a notice actually is. A Party Wall Notice is a way of formally informing your neighbours that you intend to do work that might affect them or a shared structure.
To ensure that a Notice is valid and to reduce the risk of any challenges or delays, it is advisable to have experienced individuals draft and serve the Notices. An award can not be made valid retroactively.
Even if it can be shown that work on a party wall already took place, there is an option to serve a late notice, but this may lead to further disputes and costs
If you plan to improve your home in a way that affects a party wall, the first step is to tell your neighbours what you will be doing. This is done by serving a notice on them with the help of a party wall surveyor.
If your neighbours don’t agree with your plans, you need to have a Party Wall agreement drawn up. This is a document that clearly states the rights and responsibilities of both you and your neighbours in relation to the wall you share.
Once you serve notice on your neighbours about doing work that affects a party wall, they will have the opportunity to consider your notice and express their concerns, if they have any.
The aim of the Party Wall Notice is to ensure that cooperation and good neighbourliness are encouraged when it comes to work being carried out on shared structures.
