No Party Wall Notice Served
What is a Party Wall Notice?
A Party Wall Notice is a form of communication with your neighbours that alerts them to upcoming work that could affect shared structures. If you and your neighbour share a wall—or even just a boundary—you both have a “party wall.” The law governing these walls (and similar structures) is set out in the 1996 Party Wall Act. This Act (which applies in England and Wales, but not in Scotland or Northern Ireland) gives you certain rights (and imposes certain obligations) when you plan work that could affect a party wall.
A valid Notice requires a good deal of detail to be included. Because of this, and to avoid the risk of any difficulties or delays, it is advisable to have experts who can take this work up and serve the Notices as and when required.
It is not possible to get permission for a party wall retrospectively. Even if building work that falls under the Act has already started or has finished on the site and obviously requires a Party Wall Agreement, you still can’t serve a Notice retrospectively. This makes it even more crucial to ensure that Notices are served on time to avoid the potential expense, delays, and disputes that can arise from not serving Notices or relying on a lapsed Notice. Still, under certain circumstances, you can serve a Notice if building work has begun.
Why do you need to serve a Party Wall Notice?
If you plan to enhance your home in a way that affects a party wall, you should first tell your neighbours about it in a formal way, serving them a notice via a party wall surveyor. If they don’t agree, you will need to sort out a Party Wall agreement.
Agreements are reached between the party wall surveyors, who then act on behalf of the two property owners to establish rights and responsibilities for their parties. The surveyors’ agreements ensure that the construction work runs on time and with minimal impact on either owner. Once you serve notice on your neighbours about your proposed home improvements, they have a statutory right to see the detailed plans and a chance to register any concerns or objections.
The purpose of Party Wall Notices is to foster transparency and collaboration among neighbours, ensuring that both parties are amicably involved in any necessary decision-making. When decisions about party walls, boundary walls, or other joint structures are to be made, the neighbours effectively participate in the processes that “preserve or improve” these shared structures for the benefit of both.
Here is the basic outline on the Party Wall Act 1996. This guide will help you understand the legal intricacies around Party Wall Notices.
What are my Responsibilities in respect of the Party Wall Act?
If you wish to perform work on or near a boundary, wall, or shared structure with your neighbour, the Party Wall Act is relevant to you. It applies to excavations in close proximity to a neighbour, extensions, and even loft conversions. This law serves the purpose to prevent disputes between neighbours. It does this by requiring that the contractor or owner thinking of doing the work first give notice of the intended work. It also requires that, if the neighbour objects to the work, both parties must hire surveyors who will sort out whether or not the work can legally proceed.
Am I required to serve a Party Wall Notice?
If you are undertaking construction near a neighbouring building, the party wall surveyors will check the plans and the proximity of the two structures, ascertain whether the planned work is covered by the Party Wall Act, serve notices, and manage responses to the notices.
What is the Process for Appointing a Party Wall Surveyor?
All you need to do is write a letter to your prospective party wall surveyor stating that you want them to act on your behalf. Then you have to sign their appointment for them to become your official surveyor. This usually happens when a dispute has arisen and both parties are required to appoint surveyors.
Is Planning Permission required for Party Wall?
You can serve a notice before obtaining planning permission, but you can only start your work after you have all the relevant approvals—planning permission, building regulations, and a party wall award.
When does my Neighbour have to Respond to a Party Wall Notice?
Neighbouring property owners must reply within 14 days. If they do not, the surveyor will send a 10-day notice as a reminder. The appointed surveyor will then move ahead with the necessary steps and decisions without the input of the adjoining property owners. By doing so, they assure that the work on the main property can carry on without undue delay.
What Happens if the Neighbour Does Not Serve Party Wall Notice?
Failure to provide notice can result in your neighbours halting your construction through an injunction and making you pay for costs and damages that can add up to a large sum of money. If your neighbour accuses you of damaging the neighbour’s property and you don’t have a permit to do the work you’ve done (or are doing), then a judge is likely to side with your neighbour—even if no one can definitively prove that your work (or lack of it) caused the damage.
Can the Building Works Begin Before a Party Wall Award?
You can technically start the work when the notice has expired. The notice period for a simple excavation or a new wall is 1 month and for a party structure it is 2 months. Either way it is not recommended to begin works without the Party Wall Award as there might be some conditions that the party wall surveyors might establish. Not abiding by these conditions might lead to increased costs and added issues.
Is a Party Wall Notice Required for Fitting Kitchen Units or Shelving?
No, since this kind of work is non-structural work and does not impact the party wall, you are required to get party wall notice for kitchen fittings.
When should the Party Wall Surveyor be Contacted?
You can do so through us. The team at Manchester consists of esteemed RICS surveyors who are well-versed in the Party Wall etc. Act 1996 and the notices it requires. They are also wonderful at providing you with all the legal and practical advice necessary to steer you smoothly through the process.
When you require help with any matters concerning party walls, you can receive specialist support that is tailored to your individual needs. The team will put you directly in touch with an RICS surveyor or another qualified professional, who will handle your query directly. Rest assured, the team member you will work with will be fully versed in the technical and legal aspects of the legislation and is qualified to work on your behalf. Our panel of surveyors will work with you to ensure all parties understand their rights and responsibilities and will help you maintain as good a relationship as possible with your neighbours.
Surveys of Commercial Property
If you’re thinking of acquiring, leasing, subletting, disposing of, or altering commercial premises in Manchester, you would be well advised to locate a surveyor skilled in the nuances of commercial building surveying – should you spot a defect in a commercial building you can use that information to negotiate an asking price for the property that’s considerably lower than what the seller originally wanted, or you can talk your way out of a bad deal altogether.
Our Manchester-based team of RICS-compliant commercial building surveyors is equipped to handle matters throughout Manchester.
Contact
Our team prioritizes client care above all else. We look forward to being in touch with you so you can instruct a surveyor in Manchester, London, Bristol, Birmingham or Cardiff. You can reach out to us easily. Just fill out our form, and we’ll get back to you with a free quote for your survey. All our surveyors are qualified as members of the Royal Institution of Chartered Surveyors (RICS) and we are one of the UK’s leading providers of building survey and valuation services:
- Accredited Professionals: Certified by organizations like RICS, CIOB, and RPSA.
- Customized Survey Reports: inspections to meet your specific requirements.
- Local Expertise: Deep understanding and specialized knowledge.
- Expert Guidance: Professional recommendations and support.
The property survey you commission will be carried out by an accredited professional. Your chartered surveyor will be a member of the Royal Institution of Chartered Surveyors (RICS) or the Chartered Institute of Building (CIOB), or will belong to some other industry-standard professional body. Rest assured; you will receive highest quality of professional service for your survey.
