Do I have to agree to a Party Wall Notice that my neighbour sent me?
Having building works done to your property, can be simultaneously exciting and nerve racking. It’s exciting to think and dream about what it will be like using your new space and nerve racking when thinking through the logistics you have to put in place before work starts.
There’s a lot to consider! Part of that consideration, must also include the neighbours.
Unfortunately, Philip Antino, has seen far too often this oversight occur when adjoining neighbours are ignored and not served party walls until after works have begun. The result can mean friendships become strained or broken or an injunction is obtained by the adjoining neighbour to get the works stopped.
This can all be avoided if a party wall notice is served to your neighbour in a timely fashion. The process forms part of the Party Wall etc, Act 1996 and hiring the party wall services of Antino and Associates will give you clarity and peace of mind.
Do I have to give my neighbour a party wall notice?
If you have not received anything from your neighbours before works commence – get in touch with Antino and Associates today so that we can briefly discuss your case and arrange a site inspection.
The easy answer is, yes! If the works you are undertaking is likely to affect the party wall you have to serve written notice at least two months before any building work begins. If it is your intention to undertake excavation work, you must give your neighbour one month’s written notice.
As mentioned before, if you fail to serve a party wall notice, your neighbour could take the matter to court and obtain an injunction to get your works stopped. To avoid unnecessary complications, Philip Antino advises hiring a Party Wall Surveyor before building work starts. If through lack of knowledge or ill-advice, this has not taken place, a Party Wall Surveyor can still be hired to assess whether or not there has been a breach and help put the process back on track.
My neighbour started building work last week and I knew nothing about it. What should I do now?
Under the Party Wall etc, Act 1996, there are sections that cover certain acts of work. If the work of your neighbour involves any of the following, that section should be prepared and served on you in an appropriate time as I discussed earlier.
Section 1 building a new wall on, or across, the line of junction
Section 2 boundary wall
Section 2 Party fence wall
Section 2 External wall
Section 3 Party Structure Notices
Section 4 counter Notices
Section 6 (1) 3m notices for excavations
Section 6 (2) 6m notices for excavations
Section 10 (4) Notices
Section 10 (8) Notices
Section 10 (1) (a) Party Wall Awards
Section 10 (1) (b) Party Wall Awards
Prepare and serve Third Surveyor Party Wall Awards
Section 10 (11) advice
Section 12 (1) advice
If you have not received anything from your neighbours before works commence – get in touch with Antino and Associates today so that we can briefly discuss your case and arrange a site inspection.
The surveyors will produce an award if you are unhappy with this, you will need to outline your reasons for appealing the notice at a county court. This is called filing an appellant’s notice. If you choose to take this course of action, you must do so within 14 days of receiving your party wall notice. Please take legal advice before doing so.
Still unsure about what to do next? Get in touch with Philip Antino for a one-to-one chat about next steps. Looking for a party wall surveyor in Basildon? Have a party wall issue in Braintree? Serving a party wall notice in Walthamstow? Or are you in need of a party wall surveyor in Havering? Our staff travel across South Essex, North Essex, East London, Norfolk, Cambridge and the rest of the UK.
