According to the party wall act 1992, your neighbor is bound to serve you a legal notice before starting any work on the shared property of both. It includes the details of work, the time required for this work, and the expected damage or changes that may occur to your property. The adjoining neighbor who starts the work has to take your consent and legally you have the right to stop them if they have not served the party Wall notice. The adjoining neighbor has to hire a professional surveyor who assumes all the necessary formalities of the work.
Along with the legal notice, you will receive a photograph of the adjoining property and a map of changes or reconstruction. Before acting or responding to the party’s notice, you should also hire a surveyor to confirm the work. According to a section of the Party Wall notice, the adjoining neighbor is bound to pay you in the event of any loss to your property. Specifically, there are many ways you can respond to a party wall notice.
Agreeing to Party wall Notice
If you are satisfied with the details provided by your adjoining neighbor then it is good to give your consent regarding the party wall notice. If everything is legally correct and physically possible then you have no right to put forth a false claim. Being a responsible citizen and a good neighbor it is your responsibility to help them in proceeding with their work. Giving your consent mean that you are completely satisfied and does not require any further formalities or procedures.
You can also ask for an amendment in the procedure as it is your legal right. If the reconstruction is in your favor or the changes in construction or replacement can be helpful then you should also have to make a financial contribution. But in this case, it is advisable to seek the help of a surveyor.
Disagreeing with the notice and seek your surveyor
The second approach is opposite to the first one and you can delay or postpone a construction project if you disagree with it. It informs the adjoining neighbor about the disagreement you have and you may require to hire a professional surveyor. In this case, your claim should be legally acceptable and there should be a potential risk to your property for the court to accept your plea.
Working with an agreed surveyor
If you are confused about the changes and work required then instead of spending your money in hiring a surveyor, you can seek help from an agreed surveyor that your adjoining neighbor has already hired. Or both you and your neighbor should appoint separate surveyors and they can work together to reach a party wall agreement.
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