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).
Some works are considered too minor to require the process of notification. Anderton Gables can advise you on which notices are required, which properties need to be notified, and can serve the notices on your behalf. Your neighbour or ‘Adjoining Owner’ can either agree to the works as proposed in the notice, or disagree. If they decide to disagree, or do not respond Party Wall Surveyor(s) will become involved and draw up a Party Wall Award which states how the work should be done and the responsibilities of the various parties involved. The adjoining owner can insist on appointing their own surveyor in addition to your surveyor; however, all party wall surveyors must act impartially, in the interest of protecting all stakeholders and enabling the works to be undertaken. Unfortunately the cost of all party wall surveyors fees usually will be payable by the building owner proposing the work.
Even if you receive verbal consent at this stage, you still need to serve the notice and obtain written consent. To be helpful, there’s no reason why you could not write a consent letter which your neighbour can just sign but you need to make sure that your neighbour understands what you are planning to do and what they are signing – if your neighbour is a frail, 102 year old widow and they give consent without consulting anyone, you could be accused of taking advantage of your position when her 25 stone, 32 year old grandson finds out what you got her to sign. In cases like this, you may consider it worthwhile to employ a Surveyor just so, if disputes arise later, you can prove that you have not taken advantage of your neighbour’s ignorance.
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. See extra details at Party wall surveyor.