Receiving A Party Wall Notice

By Author: Steve Whitehead
Total Articles: 9
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The first point at which you become aware of your neighbour's plans may be when a formal written notice from their representative drops through your door. This should be in the form of a formal written notice and is generally served two months' prior to commencement of the work or one month in the case of excavation works only.

When you receive such a notice you should seek advice before signing a consent form and possibly waiving your legal rights. The notice should offer you the opportunity to instruct a surveyor to record the condition of your property both before the work commences and again on completion.

If you refused to respond to a notice from a building owner, he will be able to appoint a surveyor on your behalf so that the dispute resolution procedure can proceed without your cooperation. The legislation is statute law and any works to party walls, structures, fences or, in particular circumstances the formation of foundations within 6 metres of an adjoining property may require notice.

If you are the adjoining owner and receive a party wall notice, you may agree to the proposed works ...
... if you are entirely happy that there will be no damage or consequences to your property. Otherwise, if you do not agree or if you ignore the notice, then you must agree to a single surveyor being appointed, or appoint your own.

As an adjoining owner, served with a party structures notice, you may issue a counter-notice within one month requiring additional works to be carried out, and you must consent within 14 days or a dispute is deemed to exist.

The notice must include:
1) A clear statement that the notice is being served under The Party Wall etc Act 1996.
2) The date the notice is being served.
3) The address' of both properties concerned
4) If the notice is for excavation work, then a drawing showing the position and depth of the excavation must be included.
5) If any of the information is missing from a served noticed, it will be invalid in which case, any subsequent award will also be invalid.

Finally what should you do if you receive a Party Wall Notice from your neighbour. You have 14 days from the date of the notice in which to consent. If you do not reply to the notice you are deemed to have dissented under the Act and must appoint a surveyor.

You can also indicate your dissent on the notice's acknowledgment. If the Building Owner has suggested a surveyor on their notice you may concur in the appointment of that surveyor as ‘Agreed'.

The proposals affecting the Party Wall can not be resisted ultimately, although if you are an adjoining owner, by dissenting from the Notice, appointing a surveyor and the preparation of a Party Wall Award, you will go a long way to protecting your interests.

Despite its name the Act is not only concerned with party walls but also governs excavations near to adjacent buildings and specific types of notice, known as 3 metre and 6 metre, must be served.

If either you or your neighbour have objected to the others notice and the dispute cannot be settled by way of a friendly discussion, then the problem should be resolved by the appointment of surveyor.
Kevin works part time conducting Party Wall Surveys, and deals with Party Wall Agreements. In his spare time he enjoys scuba and freediving.