The first point at which you become alert to your neighbour's plans could be whenever a formal written notice from their representative drops during your door. This should be in the form of a formal written notice and is normally served two months' prior to commencement of the work or one month regarding excavation works only.
When you receive such a notice you should seek advice before signing a consent form and perhaps waiving your rights. The notice should offer you the opportunity to teach a surveyor to record the condition of your property both prior to the work commences and again on completion.
In the event that you refused to respond to a notice from the building owner, he will manage to appoint a surveyor in your stead 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, specifically circumstances the forming of foundations within 6 metres of an adjoining property may necessitate notice.
If you are the adjoining owner and receive a party wall notice, you might agree to the proposed works should you be entirely happy that you will see no damage or consequences to your premises. Otherwise, if Click here for info don't agree or if you ignore the notice, then you must agree to an individual surveyor being appointed, or appoint your personal.
Being an adjoining owner, served with a celebration structures notice, you may issue a counter-notice within one month requiring additional works to be carried out, and you must consent within 2 weeks or a dispute is deemed to exist.
The notice must include:
1) An obvious statement that the notice has been served beneath 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 positioning and depth of the excavation should be included.
5) If any of the information is missing from the served noticed, it will be invalid in which particular case, any subsequent award will also be invalid.
Finally what should you do if you get 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 may also indicate your dissent on the notice's acknowledgment. If the Building Owner has suggested a surveyor on their notice you might concur in the appointment of that surveyor as 'Agreed'.
The proposals affecting the Party Wall can't 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 quite a distance to protecting your interests.
Despite its name the Act is not only worried about party walls but additionally governs excavations near to adjacent buildings and specific forms of notice, referred to as 3 metre and 6 metre, should be served.
If either you or your neighbour have objected to others notice and the dispute cannot be settled by using a friendly discussion, then the problem ought to be resolved by the appointment of surveyor.