Party Wall Notices
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 works 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 basement.
Replying to a Party Wall Notice
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 neighbours works, no Party Wall Surveyors are involved to asses the damage and required remedial works. You would therefore rely on the good will of your neighbour to repair the damage or progress a claim through common law.
In Dissenting to the Notice you can either appointed an ‘Agreed Surveyor’ or your own 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 serving a Party Wall Notice?
We can also assist in the drafting and Service of a Party Wall Notices on your behalf. On review of your proposed building project our expert surveyors will be able to advise on the relevant Notices required to ensure the correct Notices.
A Party Wall Notice must be correct in ensure validity. An incorrect Party Wall Notice can lead to delays in progressing party wall matters.
We will happily review your proposed building project and provide a no obligation quotation.
What do Party Wall Surveyors do?
Once Party Wall Surveyors are appointed a legal document, known as a Party Wall Award will be drafted and the surveyors will agree on the wording in relation to the works identified in the Party Wall Notice.
The Party Wall Award sets out the timing and manner of the proposed work and most importantly includes the remedy and action taken by the surveyors in the event damage occurs to your property. A Schedule of Condition will also be carry out and appended to the Party Wall Award.
We are experts in Acting as a Party Wall Surveyor for adjoining owners on receipt of a Party Wall Notice, ensuring you appropriately reply to the Notice and ensure you asset is safeguarded.
Need Party Wall Notice Advice?
Received a Notice and would like Hudson Party Wall Surveyors to act for you? We’d be delighted to.
One of our Chartered Surveyors will review the Notice to ensure its correct and contact you explaining your options in your specific circumstance.
Note: A Party Wall Notice must be replied to within 14 days of its service.
Frequently Asked Questions
If you have received a Party Wall Notice, this is usually a result of our neighbour planning to carry out buildings works that may affect your property. You must not ignore the Notice and have 14 days to reply to either grant consent or dissent to the proposed works.
Under the Act, you have right to appoint your own Surveyor to act on your behalf.
Hudson Party Wall Surveyors are at hand to ensure the Notice you received has been correctly served. We will also ensure that you reply to the Notice correctly.
Once Surveyors are appointed, a Party Wall Award will be drawn up will detailing how any damage will be dealt with in the event it occurs and to protect your property.
Contact us today for free expert advice.
Any adjoining owners who receives a Party Wall Notice must reply to the Notice.
Failure to reply to the Notice within 14 days of receiving the Notice results is an automatic dissent to the Notice.
If no reply is received the Act allows a further 10 days for your neighbour to appoint a Party Wall Surveyor. In the event your neighbour does not appoint a surveyor, the building owner carrying out the proposed works has the right to appoint a surveyor on the neighbours behalf.
This will allow the building owners to progress with their proposed building works if any of the neighbour chose to ignore the Party Wall Notice.
However it is very important to ensure the Party Wall Notice contains all the relevant information and is correct served correctly.
Failure to complete the Notice correctly may invalidate the Party Wall Notice, which can delay progressing Party Wall Matters.