Party wall issues? Here are several tips: What is not covered by the Act? The Act relates only to certain specific types of work and is permissive in nature. It should not be seen as a method of objecting to or preventing works and it is not intended to be applied to minor jobs that do not affect the structural integrity or loading of a party wall. It is generally agreed that works such as fixing plug sockets, screwing in shelving or replastering walls are minor works and do not require a notice. Notices: The workings of the Act are always instigated by the of issuing notices. This is the first stage of the process and, without the issue of valid notices, no further action can be taken under the provision of the Act. Written notice must be served on adjoining owners at least two months before starting any party wall works (one month for works to the line of junction or excavations). All adjoining owners must be served a notice and there are likely to be instances where there is more than one adjoining property and more than one owner of each property (ie: if the adjoining property is split into flats and owned on a leasehold basis, notices will be required to both leaseholder and freeholder of all flats affected by the works). Works to a party wall, or those affecting a ceiling or floor, will also require a notice to adjoining owners living above or below.
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 endeavour to provide a competitive service while attaining the highest standards of professional practice. Home Heroes although we are experienced Party Wall Surveyors, we understand that to you our clients the party wall act can be a pretty daunting experience and you have already probably been left nervous and confused, with compliance of the act. We are able to speak to you in plain English using familiar terms and sayings helping you to be put and ease and more importantly understand your obligations and rights under the act. Home Heroes Limited has experienced surveyors who are well placed to help you with your party wall requirements, be you the building owner, adjoining owner or even as an agreed surveyor. See extra info at Party Wall Surveyor Kent.