The Party Wall etc Act requires owners intent on building within 3m or 10′ of their neighbour’s property or boundary to follow a procedure which is defined very clearly in the legislation. Compliance with the Party Wall Act, which is sometimes referred to simply as The Act, is a legal obligation, similar to Planning Approval or Building Regulations Consent. Failure to follow the procedure is effectively breaking the law, making it relatively easy for your neighbours to seek an injunction to suspend works, which could cost you thousands of pounds if you have building contractors lined up and ready to start work on your dream project.
Ideally, you should be thinking about the requirements of The Act as soon as you receive Planning Approval, as the process can take several months, particularly if your neighbours object to the works. The correct procedure is to serve Notice on your neighbours or ‘adjoining owners’ as they are referred to under The Act.
There is a wealth of information available online but you should be aware that if the Notice is not served correctly or fails to make specific reference to parts of The Act which are applicable, it will be invalid.
Once the Notice has been correctly ‘served’ on your neighbours, they have 14 days in which to consent or object to the works. If they simply ignore the Notice, they are deemed to ‘dissent’ and the Act requires that you as ‘Building Owner’ follow a very specific procedure to ensure that they are aware of your intentions and their rights.
Under the legislation, they are also entitled to appoint their own surveyor to represent their interests, in which instance YOU will be liable for their appointed surveyor’s fees!
Assuming the Notices have been served and your neighbours ‘consent’ to the works, it’s recommended that you arrange for a Schedule of Condition to record the condition of those parts of their property in close proximity to the works. This will hopefully avoid later disputes regarding cracks or damage to their property, which might actually have existed before you started works, or may be entirely unrelated. If the proposed works are in close proximity, such as a loft-conversion or inserting beams into the shared wall between your respective dwellings, the Schedule should also record the condition of the internal areas.
If your neighbours object to your works, it’s definitely wise to seek professional help from a surveyor – in the long term, it could save you a great deal of time, money and frustration!
