Working on a party wall means that you can damage your neighbors’ property, some conflicts may arise, or he may stop your work. So according to the party wall act 1996, you should send a prior legal notice to your neighbors regarding the changes you are about to make and the time of construction. This makes your activity secure through the law, and no further conflicts can arise.
There are certain reasons why people think that serving a notice is not compulsory.
- What if the neighbor does not agree to work?
- The cost of the survey fee is very high, and you cannot afford it.
- Once the work is started, what can the neighbor do?
Why is Party Wall Notice Important?
Party wall notices are legal documents that are issued by property owners to their neighbours or adjoining owners informing them of proposed construction work that may affect the shared wall or boundary between their properties. The notices provide detailed information about the planned work and allow the neighbouring owners to assess the potential impact on their own properties, as well as to raise any concerns or objections they may have.
Many property owners fail to recognize that this legislation is in their favor rather than their neighbors. Working with a proper channel legally can help you in protection against any exaggerated claims from the neighborhood. All of these suggestions are compulsory and are in the Act.
What is the Party Wall Act 1996?
The Party Wall Act 1996 is a law that regulates the construction and maintenance of party walls, boundary walls, and excavations near neighboring properties in England and Wales. The Party Wall Act aims to prevent disputes between neighbors by providing a framework for the resolution of disputes and the sharing of costs associated with the adjoining wall works.
Under the 1996 Act, the wall is defined as a wall that stands on the land of two or more owners and is used or is intended to be used as a common boundary between them. Also, the Party Wall Act requires that property owners give written notice to their neighbors if they plan to carry out any work that may affect a party wall.
Guidelines From Party Wall Act 1996 to Avoid any Inconveniences?
The first thing that you can do in order to let things go smoothly is to hire a surveyor for consultation and all the legal framework. Hiring a party wall surveyor can help you in drawing up the exact schedule of the adjoining property and damage that may be inflicted during changes for construction. In this way, you and your neighboring building owner can access the actual work required and can avoid future risks and brittle relationships.
Nowadays, nobody wants to have bad relations just for a little construction because good neighbors can be really helpful. They can sometimes look after your house or pets, which is an additional support you can get by developing good relations. Also, it is ethical to tell your neighbors about the changes and make them confidential about it. It is better to agree on something good rather than fight about it. If they go for the law, you can be at high risk.
What are The Consequences?
Starting any work at the party wall without the notice of your neighbouring building owner is legally obligatory and can cause you to worry and discomfort. They can take you to court for this. They can also damage your property or can hire some legal advisor to stop your construction or destroy it.
Also, the party wall construction matter is very serious and delicate and is highly lawful, as it is in the Section 6 of Party Wall Act 1996. Basically, it is for your security rather than your neighbours as you have the authority to make changes wherever you want, as mentioned in the notice. Being a responsible citizen, you should not go against the law and protect your party wall rights. Moreover, if you aren’t quite sure about the legal framework of construction on the adjoining wall, you can simply hire a surveyor to guide and help you on these matters.
What Should You Do?
Being an ethical neighbor and according the Party Wall Act, it is your ethical responsibility to serve a notice before starting any sort of change. It would prevent you from the worry of courts and law. Your neighbors can not put any unnecessary force or claims on you. Other than thinking of preserving your money and not serving a Notice can result in a lot in spending a lot of money as a fine. Plus, legally, your neighbors can stop your construction which can cause serious delays in your work, and you will have to suffer economic loss.
So, it’s your responsibility to send a notice to your neighbouring building owner to avoid any future disputes. By sending a legal notice, you can avoid unnecessary drama and questioning about your construction. After the notice, you play on the back foot, and the neighbors do not have any right to question the construction, the labor hired, and the noise caused by the construction.
What Happens If you Fail To Serve A Party Wall Notice in 2023?
Failing to serve a party wall notice in 2023 can have serious consequences for the building owner who intends to carry out work on a shared wall or boundary between properties. If the party wall notice is not served correctly, the neighbouring owner may take legal action to stop the works or seek compensation for any damage caused.
Under the Party Wall etc. Act 1996, building owners are required to serve a party wall notice to their neighbours at least two months before starting any work on the party wall or boundary. If this notice is not served, the neighbouring owner can seek an injunction to stop the works or claim compensation for any damage caused.
In addition, failing to serve a notice can result in delays and increased costs for the building owner, as they may be required to carry out additional work to comply with the law or to address any damage caused by the works.
Therefore, it is important to seek professional advice and ensure that all necessary notices are served correctly and on time to avoid any legal disputes or financial liabilities.
Party Wall Surveyor – Your Best Bet on Consulting and Resolving All Party Wall Matters
When it comes to party wall matters, consulting a surveyor can be your best bet to ensure that all legal requirements are met and that your interests are protected. A surveyor is a qualified and experienced professional who specializes in all matters and can provide expert advice and guidance throughout the process.
The surveyor will help you to serve the correct party wall notices to your neighbours and can assist with resolving any disputes that may arise during the process. They can also help you to understand your rights and obligations under the Party Wall etc. Act 1996 and can provide guidance on the best course of action to take in your particular circumstances.
Read more about Party Wall:
- Retrospective Party Wall Agreement UK
- How Long Does a Party Wall Agreement Last?
- Party Wall notice response Options
- Access to Neighbouring Land Act 199e