First, it is the law. Second, in the absence of a party wall agreement, you could cause serious delays in your construction (your neighbors may slip into a district court for an injunction to prevent you from continuing to work) and a breach in your finances. If you have not obtained an agreement and you damage a neighbor`s property, the compensation will be judged by a judge and not by an expert. You might have to end up with a high legal bill and maybe have to compensate your neighbors for the stress, instead of settling for the damage caused. After your notification ends, you must send a letter within 10 days to indicate that your neighbor must appoint a surveyor from the party wall. During this period, both parties may agree to use the same surveyor. However, if this is not done within the proposed 10-day period (either because the other party refuses or does not respond), you must hire two party surveyors. Your neighbor will either choose his or you will do it on his behalf if he does not respond in time. You should also make sure you use a different surveying company than the one you assign yourself. Guidance is also required when it is proposed to build a new wall on the crossing line (demarcation line). A party wall expert can usually confirm which work is subject to declaration and view the notice period and the nature of the notice required. You have a few options.
First, you could contact your neighbor, listen to their concerns, and try to find an agreement that would satisfy both of you. That is ideal. Once a condition plan for the adjacent owner`s land has been prepared, the surveyors or the agreed surveyor prepare a document called the Party Wall Award. It defines precisely how the work is to be conducted and the rights and obligations of each party. The price also includes things such as access to the surveyor, as well as work schedules (at what time it can start and what time there may be in case of noise or other likely disturbances) and what happens in the event of a disaster. If all this has been agreed by both appraisers and the price has been served on all owners, the work can begin. The law only concerns certain types of work and is permissive. It should not be considered as a method of resistance or impediment of work and is not intended for minor work that does not affect the structural integrity or load of a party wall. The wall of the party, etc. The 1996 Act applies only to England and Wales. Scotland and Northern Ireland rely on customary law, not legislation, to settle disputes over the party wall.
Neighboring owners can negotiate to allow the work – and access can be forced by the courts if necessary. If you live in a semi-detached house or terraced house, share a wall with your neighbor – the party wall. Any loft extension or transformation that concerns this wall requires communication from the party wall and may therefore require a part wall agreement. You should also send a notification if you propose to lift within 3 meters of a nearby building or complete structural work on the wall of the party, for example. B to remove a chimney. Partywall agreements are an element of extension and renovation that you might need to know. Disoriented by the laws? Chevrist Michael Holmes explains what it is and what the rules of the Party Wall Act are Your neighbors can ask for compensation if they can prove that they suffered a loss because of the work and even require removal from the factory. The same applies if you have a party contract with your neighbors, but you do not respect the agreed conditions.
. . .