In this article, we are going to be taking a look at the steps you can undertake to ensure that can avoid typical Party Wall problems that can often arise with your neighbour.
This article will offer advice to both building owners and adjoining owners.
The following recommendations are for building owners.
UNDERSTAND THE PARTY WALL ETC ACT 1996:
First and foremost, we would recommend that you familiarise yourself with the Party Wall etc. Act 1996. This doesn’t need to be a deep dive, however getting to know the basics will well prepare you for the Act’s procedures.
In its simplest form, the Act provides the necessary legal framework and protections for both building owners and adjoining owners when the planned construction works fall within the Act’s definitions for Notifiable works.
While the Act is complicated in the finer detail, on the surface it is in place to protect owners, govern the works and sets out a framework for owners to adhere to in the event of issue arising from the works.
A typical issue would be characterised as property damage.
COMMUNICATE WITH ADJOINING OWNERS:
It’s one of the simplest things to do, however more often than not can be overlooked.
Always maintain open and clear communication with your adjoining owners. Be sure to address their concerns and provide them with assurances that their property will be protected via the Act’s procedures.
If the property work design permits it, you may even be able to adjust that to better meet their neighbourly observations or requests.
In many cases doing this well in advance of the Party Wall Notice Service can go a long way to safeguard against Party Wall Notice dissent and neighbourly dispute.
It also avoids the surprise or first understanding of forthcoming works that can come with a Party Wall Notice
SERVE PARTY WALL NOTICE:
Party Wall Notices are a legal requirement if the planned works fall within the Act’s remit and realm.
Service of the Notice also formally starts the Party Wall Surveying procedures. The Party Wall Notice should detail the planned works and advise the adjoining owners on how they might affect their property.
The description doesn’t need to itemise, or bullet point the planned works. However, it does need to give an overall understanding of the works from a lay person’s perspective.
For example, explaining works in a simple manner such as a “Loft Conversion”, “Rear Extension”, “Structural Works to the Party Wall”, or “Basement Development” are all sufficient and clear Party Wall Notice explanations.
Ensure that you serve the appropriate Party Wall Notice to your adjoining owners well in advance of starting any construction work.
As set out above, early service goes a long way to avoid surprise and neighbourly worry that can come with late Party Wall Notice, or service in close proximity to the planned work start date.
The following and remaining recommendations are for both building owners and adjoining owners.
INSTRUCT A PARTY WALL SURVEYOR:
Engage or instruct a recommended Party Wall Surveyor at the earliest opportunity. We would advise starting with the all-important resource of friends, family and colleagues.
After that, we would advise relying upon Party Wall Surveyor Reviews such as Google Reviews or Trust Pilot. However, do be mindful to carefully select a Surveyor based off this resource.
Having a proficient Party Wall Surveyor on board and assisting you will ensure that your interests and property are well protected. Furthermore, that the building owner’s proposed construction works are reviewed from the perspective of the adjoining owner’s property, thereby avoiding the risk of issue such as nuisance, disturbance or damage.
We have a Party Wall Surveyor directory if you want to start the all-important process of Party Wall Surveyor selection.