Obstruction in Party Wall
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What occurs in a Party Wall Dispute?
If you want to carry out any building work that will affect neighbours, you must comply with specific rules laid out in the Party Wall etc. Act 1996. The most crucial of these is serving notice on any adjoining owner well in advance of the intended commencement of work. If you can secure their agreement, then your path forward is relatively unobstructed. However, if there are disputes or dissent, then you are instructed to procure a party wall surveyor and proceed as directed.
What actions are required of me in the Party Wall process?
Before commencing any building work covered by the Party Wall etc. Act 1996, you must inform your neighbour of your plans. This applies, for instance, if you’re going to construct on or near the boundary of your two properties, carry out certain renovations to a party wall, insert a damp proof course, or excavate within close proximity (3 or 6 meters, depending on various factors) of a neighbouring structure. And of course, if you’re excavating down to foundation level or below the level of the bottom of the foundation of any adjoining structure. In such instances, you’d be serving notice under the Act.
What are the initial steps I should take to begin the Party Wall process?
If you want to serve a party wall notice, you need to tell your neighbour in writing that you intend to do work covered by the Act. A party wall notice can be simple or detailed, but it must be valid to serve its purpose.
As an owner wishing to undertake work covered by the Act, you can draft and serve a simple notice yourself. However, it’s more common for owners to engage a party wall surveyor to take care of the matter, which they can do rather economically. If you’re doing minor work to a shared wall or digging near to an adjoining property, you likely need to serve a notice.
What constitutes a Party Wall Agreement?
A legally binding document known as a Party Wall Award is created between two property owners when one intends to perform work covered by the Party Wall etc. Act of 1996. Its primary purpose is to foster harmony between the parties and reduce the chance of disputes arising from the work. If disagreements do somehow crop up, the Award lays out in great detail the rights and duties of the two property owners to ensure a resolution occurs with minimal friction.
What does a Counter Notice mean?
When the proposed work in a party wall notice doesn’t suit the adjoining owner, they serve a counter-notice that stipulates what they would like to see instead or additionally. In most cases, the adjoining owner would pay for the extra work their counter-notice demands, and they might also need to do some work on their side of the wall and provide access to work on the wall itself.
What are the Party Wall Timescales?
Time limits regarding party wall agreements are very strict. They allow for no deviation.
Two months’ notice must be given to the adjoining property owner prior to the commencement of any work on a party wall or structure.
Only one month’s notice is required, however, when it comes to excavation or the building of a new wall.
Once the adjoining owner has received the party wall notice, they have 14 days in which to respond. If they do not respond, then another notice is served that gives them an extra 10 days. If they still do not respond, then the adjoining owner is deemed to dissent and surveyors must be appointed.
The Party Wall process can last for many months, as the surveyors must examine the proposed work, carry out a schedule of condition, and then make an award. If there are disputes over the work or if the work keeps changing, then delays can happen. So, the best thing for the Building Owner is to start with clear, compliant plans and to have no disputes at all!
What happens if an Adjoining Owner neglects to respond to the Notice?
There are times when the Adjoining Owner does not communicate back, but silence is not consent. The Party Wall Act is written in such a way that if the Adjoining Owner does not engage with the process, they are dissenting and need to appoint a surveyor to represent them.
If you find yourself in this situation, you will most likely send another letter to the Adjoining Owner reminding them to get in touch. They will have 10 days upon which to respond, otherwise appoint a surveyor on their behalf.
Can Adjoining Owners refuse a Party Wall Notice?
They might make that consent contingent upon the building owner organising a Schedule of Condition on the Adjoining Owners’ property.
The other owners could agree to the works and, subject to certain matters, it could be signed off so that you may get on your way. It is just possible that some Adjoining Owners might consent but subject to the Building Owner organising a Schedule of Condition on the Adjoining Owner’s property. This is to protect both sets of owners’ interests and prove or disprove any claim for damages.
What if my Neighbour does not Consent to Party Wall Works?
Often, a building owner’s neighbours are not willing to consent to a Party Wall Agreement. While there are different ways to reply to a Party Wall Notice, these responses can not trump the rights of a building owner who is doing what the Act permits and allows. What generally happens next is that a party wall surveyor is appointed and a “dispute” is resolved by making an award. This is how things move forward when neighbours are not on board.
Can my Neighbour Refuse a Schedule of Condition?
A schedule of condition is not necessarily required for a valid Party Wall award. Having the surveyor(s) see and note the state of the Adjoining Owner’s property is useful for all sides. If anything is already broken or damaged, it will be noted down (along with pictures).
How do I keep a good relationship with my neighbour in Party Wall?
You can make your party wall procedures easier by forming a positive relationship with your neighbour(s). You may wish to support reasonable requests for design alterations. It’s important the rules are communicated clearly, not that there is a lot of drama in making them.
When building work begins, it is necessary to abide by the terms of any Party Wall agreement in relation to both design and any specified notified work.
Can My Neighbour Stop a Party Wall Agreement?
No, but delays may be caused by either the Building Owner or Adjoining Owner.
The Building Owner’s plans might not be fixed and may be updated repeatedly; or they may do work not allowed under the Act; or they might even damage the next door property.
Alternatively, the Adjoining Owner has the power to review the work specifications and make new requests which the surveyor must negotiate. All these factors can make the job more complicated and delay the process of dealing with party walls.
Is Party Wall Needed for Selling my House?
Solicitors may want to check the party wall award to be sure everything has been dealt with earlier so no disputes will occur
When should I Hire a Party Wall Surveyor?
The method used to solve a Party Wall dispute will depend on what the dispute is about. Some types of disputes related to altering parts of the building may be reached by compromise and signed off without calling in Party Wall surveyors.
Before consent can be provided, you must serve official notice, so it is always a good idea to have a surveyor undertake this task since a professional knows the rules fully.
If anything else arises that you think might influence the works, you should ask your Party Wall Surveyor. Disagreement with your proposal by your neighbour doesn’t always need to lead to giving up your efforts. They have the power to put on record the rights set out by the Act.
You and your neighbour can decide on just one Party Wall surveyor to act as your joint agreed surveyor. Each owner is allowed to choose their own surveyor, however.
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.
Can I use a Party Wall Award in Court?
A party wall award lays out the details of the building project, as well as how and when everything should be carried out, who pays what fees and so on. If the project is appealed to court or if serious problems arise, the award will be considered legally binding.
