If you have been served with a Party Wall Notice under the Party Wall etc. Act 1996, it means that your neighbour (the ‘Building Owner’), intends to undertake building works which fall within the remit of the Party Wall etc. Act 1996.
TLC Party Wall Surveyors are available to advise Adjoining Owners on all Party Wall matters that may arise from any intended building work to neighbouring property.
Having received a Party Wall Notice, you have 14 days to respond, you may either ‘consent’ to the proposals detailed in the Party Wall Notice or ‘dissent’ (with the exception of Party Wall Notices served under Section 1(5) where a formal response is not needed). If you fail to respond within the 14 day period (this is known as ‘statutory dissent’ or 'deemed dissent') or dissent to the proposed building works, then a dispute is said to have arisen under the Party Wall etc. Act 1996.
This situation requires resolving in accordance with Section 10 of the Party Wall etc. Act 1996. At this stage all parties must appoint a Party Wall Surveyor to act on their behalf in the determination of a legally binding Party Wall Award (Party Wall Agreement), or agree to the appointment of an Agreed Surveyor who will act impartially on behalf of all parties involved.
TLC Party Wall Surveyors can act as your appointed Party Wall Surveyor, or also act as the Agreed Surveyor if you intend to use the same Party Wall Surveyor as agreed with the Building Owner, in the matter of determining the Party Wall Award.
Once the Party Wall Award has been negotiated and agreed, the Party Wall Award will be served on all parties concerned, who each have 14 days to appeal against the Party Wall Award in the County Court. If no appeal is made the Party Wall Award becomes legally binding.
TLC Party Wall Surveyors recommend that the Party Wall Award should contain a Schedule of Condition, providing photographic and documented evidence of the condition of your (the Adjoining Owner’s) property prior to the building works commencing. This is to safeguard your interests in the event of any damage occurring during or after the building works as a direct consequence of the building works. The Building Owner having building works carried out will be responsible for repair of any damage arising to the Adjoining owner’s property, or compensation in lieu of remedial works required at the Adjoining owner’s property. The Schedule of Condition is for reference and referral should this situation arise.
Call us: 0752 504 1120 or 0208 361 7458 (office)
TLC Party Wall Surveyors
33 East Barnet Road
Company number 10266155
Working in the London area, including
Barnet, Bounds Green, Camden, Chingford, Crouch End, Enfield, Hendon, Edgware, Finchley, Ilford, Leytonstone, Muswell Hill, Palmers Green, Southgate, Stoke Newington, Walthamstow, Winchmore Hill
Working in the Essex area, including
Brentwood, Buckhurst Hill, Chigwell, Church Langley, Dunmow, Epping, Harlow, Loughton, Ongar, Rayleigh, Romford, South Woodford, Wanstead, Woodford
Working in the Hertfordshire area, including
Bishops Stortford, Borehamwood, Broxbourne, Cheshunt, Hertford, Hoddesdon, Letchworth, Potters Bar, Radlett, Sawbridgeworth, St.Albans, Ware