Party wall issues? Here are a few advices: Party walls usually separate buildings belonging to different owners but could include garden walls built astride a boundary – known as party fence walls. Where a wall separates two different size buildings often only the part that is used by both properties is a party wall, the rest belongs to the person or persons on whose land it stands. The “etc” within The Party Wall etc Act 1996 is so included because the provisions of the Act are not limited to party walls, they also include party structures and party fence walls. Section 20 of the Act defines each: “party fence wall” means a wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining lands, but does not include a wall constructed on the land of one owner the artificially formed support of which projects into the land of another owner; “party structure” means a party wall and also a floor partition or other structure separating buildings or parts of buildings approached solely by separate staircases or separate entrances;
In order to ascertain whether any damage to your neighbour’s property has been caused by the execution of the works, a ‘Schedule of Condition’ is normally prepared by the party wall surveyor(s) prior to the works, which can then be referred to following completion. The building owner undertaking the works will be liable for any damage caused. For this reason and to avoid false claims, even in the event your neighbour agrees to the works and accepts the notice it is strongly advisable to prepare a Schedule of Condition of their property in the areas which may potentially be affected.
What often happens is that your neighbour neither consents in writing nor dissents but just ignores your notice. This is fairly common in situations where the adjoining property is tenanted or converted into flats. The Act states that if your neighbour does not consent within 14 days they are deemed to have dissented and must appoint a surveyor. This is problematic as a neighbour who has ignored your notice is unlikely to then spring in to action and appoint a surveyor and the Act recognises this and provides a solution; you must follow-up your original notice with a reminder letter giving your neighbour a further 10 days to make an appointment following which you can appoint a surveyor on their behalf.
At Home Heroes we provide a professional service, we are very competitively priced and you can be sure you award will be handled by qualified and experienced Party Wall Surveyors. We are a small company with a dedicated and qualified team of building surveyors on Party Wall Matters. We can deal with all types of project no matter how complicated and are able to offer a service that is both efficient and meticulous. See extra details at Party Wall Surveyor Whitstable.