You will likely need a party wall agreement to do any construction work affecting your neighbours' property. This legal document, established under the Party Wall Act 1996, outlines the rights and responsibilities of both parties and ensures that all parties involved are protected.
Serving a party wall notice isn't just a legal requirement; it's also a crucial step in ensuring your building work is carried out safely and without causing unnecessary disputes with your neighbour. Fortunately, this guide will take you through everything you need to know about serving a party wall notice, from when to serve one to what information you need to include and how to do it properly.
What Is a Party Wall Agreement, and Do You Need One?
A party wall agreement is a legal document that outlines the rights and responsibilities of both parties when carrying out construction work on a shared wall. If you plan to do any work on a party wall, such as building an extension or loft conversion, you must give your neighbours a party wall notice. This notice should include all the details of the proposed work, including the start date, the duration, and the nature of the work.
How to Serve a Party Wall Notice
The first step is to identify all the parties that might be affected by your proposed construction work. This includes all the neighbours who share a party wall with you. Afterwards, write a party wall notice that outlines all the details of the proposed work, such as the start date, the duration of the work, and the nature of the work.
Serve your neighbours a notice either in person or via registered mail about the party wall. You should also provide a response form for them to consent or raise objections. Once served, allow 14 days for them to respond. If they do not respond within this time frame, remind them.
What Happens After Your Neighbours Give You Permission?
You can proceed if your neighbours agree to allow you to do the proposed construction. But it's important to keep them updated on the work's progress and ensure you follow all the rules in the party wall agreement.
What if Your Neighbours Reject Your Notice?
You must hire a surveyor if your neighbours refuse to acknowledge your party wall notice. The surveyor will act as a neutral mediator to help resolve any conflicts.
Initially, the surveyor will attempt to come to an understanding between both sides. If they cannot reach a consensus, the surveyor will create a written agreement, known as a party wall award. This document will contain all the essential information about the planned construction, such as the commencement date, duration, and nature of the work.
Final Thoughts
As a homeowner, serving a notice for a party wall is crucial when undertaking construction work on a shared wall. This ensures that all involved parties are safeguarded and that the work is executed under regulations specified in the party wall agreement. Following the steps outlined in this article, you can serve a party wall notice and ensure that your construction work proceeds smoothly.
Are you planning to carry out construction work on your party wall? Be sure to comply with the Party Wall Act by issuing a notice. At Icon Surveyors, we provide reliable and expert surveying services to ensure that your construction project is carried out smoothly and in compliance with the law. Contact us today to learn more about our Party Wall Notice services and ensure your project is in good hands.
