Receiving a Party Wall Notice
The first point of which you become aware of your neighbour's plans may be when a formal written notice from their representative drops during your door. This should maintain the form of a formal written notice and is generally served two months' prior to commencement of the work or one month regarding excavation works only.
When you receive such a notice you need to seek advice before signing a consent form and perhaps waiving your rights. The notice should offer you the opportunity to teach a surveyor to record the health of your property both prior to the work commences and again on completion.
In the event that you refused to respond to a notice from a building owner, he'll manage to appoint a surveyor on your behalf so the dispute resolution procedure can proceed without your cooperation. The legislation is statute law and any works to party walls, structures, fences or, in particular circumstances the forming of foundations within 6 metres of an adjoining property may necessitate notice.
If you are the adjoining owner and get a party wall notice, you may consent to the proposed works if you are entirely happy that you will see no damage or consequences to your premises. Otherwise, if you don't agree or if you ignore the notice, then you must agree to a single surveyor being appointed, or appoint your personal.
As an adjoining owner, served with a party structures notice, you might issue a counter-notice within one month requiring additional works to be carried out, and you also must consent within 2 weeks or a dispute is deemed to exist.
Party Wall Surveys Stourbridge must include:
1) A clear statement that the notice is being served under The Party Wall etc Act 1996.
2) The date the notice has been served.
3) The address' of both properties concerned
4) If the notice is for excavation work, then a drawing showing the position and depth of the excavation should be included.
5) If the information is missing from a served noticed, it will be invalid in which particular case, any subsequent award will also be invalid.
Finally what should you do if you get a Party Wall Notice from your own neighbour. You have 2 weeks from the date of the notice in which to consent. If you do not answer the notice you're deemed to have dissented under the Act and must appoint a surveyor.
You can even indicate your dissent on the notice's acknowledgment. If the Building Owner has suggested a surveyor on their notice you may concur in the appointment of that surveyor as 'Agreed'.
The proposals affecting the Party Wall can't be resisted ultimately, although if you are a adjoining owner, by dissenting from the Notice, appointing a surveyor and the preparation of a celebration Wall Award, you'll go a long way to protecting your interests.
Despite its name the Act isn't only worried about party walls but additionally governs excavations close to adjacent buildings and specific types of notice, known as 3 metre and 6 metre, must be served.
If either you or your neighbour have objected to the others notice and the dispute cannot be settled by using a friendly discussion, then the problem ought to be resolved by the appointment of surveyor.