What is a Party Wall Notice
2 February 2022
Understanding Your Party Wall Notice
A Party Wall Notice is the written formal notification that is served upon neighbouring properties that may be affected by proposed works due to be carried out to a shared party wall, a boundary wall, or excavation within close proximity.
Why Have I Received a Party Wall Notice?
If you have received a Party Wall Notice, this is a result of a neighbouring property proposing to carry out building works to their property which requires you to be notified under the Party Wall etc. Act 1996.
These proposed building works are known as ‘notifiable’ works and include works such as:
- Excavation within 3 or 6 meters of your property
- Cutting into the shared Party Wall
- Removal of a chimney breast
- Increase/decrease the height of a Party Wall
These works are often associated with the creation of an extension, a loft conversion, or a basement.
What Do I Do If I Receive a Party Wall Notice?
The golden rule is not to ignore it. As an adjoining owner, you have a number of options available when acknowledging the Party Wall Notice. You can either ‘Consent’ or ‘Dissent’ to the proposed works.
In consenting to the Party Wall Notice, there is no requirement for Party Wall Surveyors to be appointed and your neighbour can continue with their proposed works.
It’s worth noting that in consenting to the proposed works, should there be any damage resulting from your neighbour’s works, no Party Wall Surveyors are involved to assess the damage and required remedial works. You would therefore rely on the goodwill of your neighbour to repair the damage or progress a claim through common law.
In dissenting to the Notice, you can either appoint an ‘Agreed Surveyor’ or your own Party Wall Surveyor to resolve what is known as a ‘dispute’ under the Act.
The wording ‘dispute’ does not stop your neighbour from carrying out their project but rather allows surveyors to be engaged under the Act, ensuring your property is safeguarded.
Need help? We are expert Chartered Party Wall Surveyors in North London, who are on hand to provide free advice and guide you through the process.
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