If you receive a Party Wall Notice from your neighbour who intends to undertake construction work, you are legally obligated to provide a response to the notice.
The Party Wall etc. Act 1996, a governing legislation in the United Kingdom, outlines the appropriate responses:
Consent: Should you find the proposed work acceptable, devoid of concerns or objections, and in accordance with the Act, you may convey your written consent to the building owner who issued the Party Wall Notice. Your consent authorises the construction work to proceed without any further dispute resolution or the involvement of party wall surveyors.
Dissent: In the event you possess reservations, objections, or specific conditions you wish to impose on the proposed work, you have the option to formally dissent from the Party Wall Notice in writing.
Your written dissent should detail your objections or conditions.
This act triggers a dispute, and the Act delineates a process for resolving these issues through the appointment of party wall surveyors.
These surveyors will work diligently to reach a mutually agreeable resolution or, if necessary, issue a Party Wall Award that provides guidance on how the work should proceed.
Failure to Respond: If you neglect to respond to the Party Wall Notice within the stipulated timeframe, the Act regards this as a dispute.
Consequently, the building owner is authorised to appoint a party wall surveyor on your behalf, representing your interests.
The appointed surveyor will collaborate with the building owner’s surveyor to achieve an agreement or formulate a Party Wall Award.
It is imperative to provide a timely response to the Party Wall Notice, adhering to the legal requirements, in order to safeguard your interests and adhere to the stipulated procedures.