Obstruction in Party Wall
The Process of a Party Wall Dispute
If you want to do any construction work that will impact your neighbours, the law requires that you follow certain procedures. Most of these procedures are outlined in the Party Wall etc. Act 1996. The most important procedure is that you must give notice to any adjoining owner well before you intend to start work, and obtain their consent. When there is a disagreement or the neighbouring property owners refuse to give their consent in writing, it is known as a dispute, and you will then have to hire a party wall surveyor.
What am I required to do in Party Wall?
Under the Party Wall etc. Act 1996, you must notify your neighbour about proposed work and building plans before you actually start construction. For instance, if you were planning to construct on or at the boundary of your property, do certain types of work on a party wall like insert a damp proof course to try and save your house from certain types of moisture damage, or excavate within 3 to 6 meters of their house down below the level of their foundation, you’d serve them notice under the Act. If you didn’t serve notice and then proceeded with the project anyway, your neighbour would have a pretty good case to stop you and claim damages after the fact.
How do I get the Party Wall Process Started?
If you intend to undertake work on a party wall, you must inform your neighbours in writing of that intention. The legally required notice must include certain items and it is valid only if it contains all the necessary information. Although you can draft and serve a notice yourself if you own the property and plan to carry out work under the Act, many owners ask a party wall surveyor to do this for them. If you plan minor works, like replacing wiring for electrical work on the wall (your side of it), or putting up shelves on your side of the wall, you do not need to serve notice.
Understanding the Part Wall Agreement
When one property owner wants to undertake building work that could affect a shared wall with the neighbour—called the “party wall”—the owner must, by law, notify the neighbour so that the two can discuss and agree upon the designs and methods of construction. If agreement cannot be reached, the owner proposing the work can apply to have a “party wall award” issued. This document specifies, in a legally binding form, the rights and responsibilities of both the owner proposing the work and the neighbouring owner.
Understanding a Counter Notice
In some cases, if an adjoining owner wants something other than what is set out in the party wall notice, they will serve a counter-notice. The adjoining owner usually pays for the added work that the variation requires, and the work should be done in a way that preserves the party wall. They are also expected to provide access rights, so that the work can be done effectively and safely, to whoever is doing the work. An example might be the kind of work that has to be done on the chimney stack, which is usually a party wall issue.
Timescales in Party Wall
There are strict time limits with respect to agreements concerning party walls. You must notify the owner of the neighbouring property at least 2 months before you intend to start work on a party wall or structure, although you need to give only 1 month’s advance notice if you plan to excavate or build a wall. Once your neighbour receives the notice, they have 14 calendar days in which to respond. If they do not respond within this time frame, they are served with a second notice, giving them an extra 10 days to reply, after which a surveyor will be appointed on their behalf if they still have not responded. If the adjacent property owner disagrees with your proposed project, both you and they will need to work with a surveyor.
The Party Wall process can take several months because the surveyors need to review the proposed work, carry out a condition survey, and then make their determination. If the proposed work is contentious or keeps changing, this might cause further delays. Best way forward for the Building Owner is to have everything “in plan and in order” from the outset—both the proposed work and the plans for it should be unconflicted, and the “work” of the Party Wall surveyors should be kept to a minimum.
Adjoining Owner not Responding to the Notice?
Sometimes, the adjoining owner does not respond. This is not consent. Indeed, under the wording of the Party Wall Act, failure to respond is actually a dissent, and the adjoining owner must appoint a surveyor to act for them. At this stage, we usually send another reminder letter to the adjoining owner. The adjacent owners then have 10 days to respond and either appoint their own surveyor or have a Party Wall Surveyor appointed for them. In most cases, after it has been set in motion, this appointed party wall surveyor system proceeds fairly smoothly; however, it is important to make sure that all your documentation of the process is completed correctly and that you have a clear record of what was sent and when.
Does my Neighbour have the Right to Refuse Consent to the Party Wall Notice?
Neighbours frequently decline to give consent for a Party Wall Agreement, which can lead to potential disputes that require resolution. The essence of the disagreement tends to revolve around the neighbours’ feeling of being put at risk due to the building owner’s activities. Yet, the Building Owner’s rights are securely anchored in law. It is recommended to appoint a party wall surveyor to ensure a more legally watertight process.
The other owners might consent to the works, and the basis on which they might do so is fairly straightforward. They might agree to the works and, subject to some conditions, sign off on them, enabling you to proceed in an uninterrupted manner. There is a slim chance that some of the Adjoining Owners might consent without too many conditions being imposed, but there’s bound to be at least one owner among the Adjoining Owners who’ll want some sort of condition to be imposed that protects their interests.
My Neighbour does not Agree to Party Wall Works
When neighbours can not come to an agreement, the next step is to appoint a single surveyor mutually agreed upon by both parties or to designate a surveyor each for you and your neighbour. The Act prescribes that these appointed surveyors work independently and impartially.
What if the Neighbour Refuses a Schedule of Condition?
A condition survey is not compulsory for the Party Wall award. However, it is certainly in the interests of all parties concerned—especially the Adjoining Owner—for the party wall surveyor to visit the Adjoining Owner’s property. The details of the property’s condition before the work begins could be vital to all parties if a dispute arises after the work is completed.
Maintaining a good relationship with my neighbour in Party Wall
You can make your party wall agreement run more smoothly just by getting along with your neighbour(s). Try to consider their reasonable, if sometimes inconvenient, requests as the make or break factors that will allow your living situation to remain “livable” throughout the course of construction. It is also important that you comply to the Party Wall agreement so that everything goes smooth and as planned.
Does the Neighbour have the Right to Stop the Party Wall Agreement?
Delays in the party wall procedures can result from either owner—the Building Owner or the Adjoining Owner. The potential causes of delay that come from the Building Owner may be beyond this discussion, but at least a couple of elementary examples should be given. One is that the Building Owner may simply cause an unnecessary delay by not making clear, timely decisions. Often, such decisions are revisions of previous decisions. Sometimes, a Building Owner may be slow for the unhappy reason that he or she is trying to work around the provisions and protections of the Act.
Do I Need Party Wall for Selling my House?
The conveyancing solicitors might need to look at the party wall award for any works that were carried out to ensure that there will not be a future disagreement. They want to make sure that everything has already been resolved and that future disputes over the wall will not occur.
When to Hire a Party Wall Surveyor?
The nature of the dispute determines how to resolve issues related to a party wall. If the disagreement is around building work or alterations, you may be able to reach a settlement through negotiation. If you and your neighbour come to terms, it is best that this be put in writing to avoid any future misunderstandings. If the formal party wall process is not followed, the consequences can be serious. Thus, it is best to have a party wall surveyor in Manchester serve the notice, as they will ensure that all steps are followed and the notice has the appropriate look and validity.
Consult your Party Wall Surveyor if any further unresolved matters that could impact the works. Just because the owner on the other side is contesting your proposal doesn’t mean your rights aren’t valid. In fact, the Party Wall Act is designed to do just that—enforce your rights when you’re doing something that the law allows you to do.
When you and your neighbour can come to a mutual agreement to appoint a single Party Wall surveyor to represent both of you, you essentially appoint what is called an Agreed Surveyor. This is not very common, however, and in many instances, when one owner does not respond to a Party Wall Notice and the pertinent follow-up letters, each owner ends up appointing their own Party Wall surveyor.
Using the Party Wall Award in Court
A party wall award is a legal document that explains the works and provides instructions for how and when to carry out the work. It specifies who is responsible for paying the surveyors’ fees and carries the costs of construction as part of the overall scheme. In case of any legal disputes resulting from the award being appealed or any serious difficulties emerging from the project, the award can be shown to the court as evidence that the parties involved had agreed to certain terms and conditions.
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.
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