Party wall notice response options - Revision history

Designing Buildings at 12:25, 26 January 2021

2021-01-26T12:25:24Z

← Older revision		Revision as of 12:25, 26 January 2021
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	--[[User:Berrylodge\|Berrylodge]]		--[[User:Berrylodge\|Berrylodge]]

−	[[Category:~~Planning_permission~~]] [[Category:~~Property_law~~]] [[Category:~~Regulations~~]] [[Category:~~DCN_Regulation~~]] [[Category:Property_development]]	+	[[Category:DCN_Commentary]] [[Category:DCN_Guidance]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Property_development]]

Editor at 10:46, 1 April 2020

2020-04-01T10:46:17Z

← Older revision		Revision as of 10:46, 1 April 2020
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	* Statutory approvals.		* Statutory approvals.
	* Statutory authorities.		* Statutory authorities.
		+	* Three party wall notice responses.
	* Trespass.		* Trespass.
	* Wall types.		* Wall types.
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	--[[User:Berrylodge\|Berrylodge]]		--[[User:Berrylodge\|Berrylodge]]

−	[[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Property_development]]	+	[[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:DCN_Regulation]] [[Category:Property_development]]

Designing Buildings at 07:01, 31 January 2020

2020-01-31T07:01:35Z

Editor at 13:02, 28 January 2020

2020-01-28T13:02:38Z

← Older revision		Revision as of 13:02, 28 January 2020
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		+	{\|
		+	\| [[File:Contract 1 550.jpg]]
		+	\|}
		+
	= Introduction =		= Introduction =

Editor at 12:51, 28 January 2020

2020-01-28T12:51:13Z

← Older revision		Revision as of 12:51, 28 January 2020
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	= Introduction =		= Introduction =

−	~~Your~~ neighbour may serve you with a Party Wall Notice with regards to ~~the~~ upcoming construction work on the ~~Party Wall~~. In this scenario, you have three options. You may ignore ~~this~~ notice. ~~You~~ may agree ~~to this notice. You may~~ even dissent/disagree to ~~this~~ notice.	+	A neighbour may serve you with a Party Wall Notice with regards to upcoming construction work on the party wall. In this scenario, you have three options. You may ignore the notice. Or you may agree or even dissent/disagree to the notice.

−	There are consequences ~~for~~ all these actions~~; however,~~ it depends upon the type of action~~. See them below…~~	+	There are consequences of all these actions but it depends upon the type of action:

−	Your neighbour may consult with you with regards to this issue or may appoint a party wall surveyor if you do not reply to this notice.	+	* Your neighbour may consult with you with regards to this issue or may appoint a party-wall surveyor if you do not reply to the notice.
		+	* You have to sign the ‘acknowledgement’ letter that is enclosed together with the party wall notice if you agree to the notice. Signing this letter attests to the fact that you agree to the construction work.
		+	* A formal dispute between you and your neighbour will start if you disagree to this notice. Your neighbour may appoint a party-wall surveyor to resolve the issue. You also have the liberty to appoint a surveyor in order to represent your interest.

−	~~You have~~ to ~~sign~~ the ~~‘acknowledgement’ letter that is enclosed together with~~ the Party Wall ~~notice if~~ you ~~agree to~~ the notice~~. Signing this letter attests to~~ the ~~fact that~~ you ~~agree to~~ the construction work.	+	According to the [https://www.blsurveyors.com/the-party-wall-etc-act-1996-when-does-it-apply/ Party Wall etc. Act 1996], you will be identified as an ‘adjoining owner’ as you received the notice and your neighbour is identified as the building owner as he/she served you with the notice. The type of construction work that is outlined on the notice may vary from one project to another.

−	A formal dispute between you and your neighbour will start if you disagree to this notice. Your neighbour may appoint a Party Wall Surveyor to resolve this issue. You also have the liberty to appoint a surveyor in order to represent your interest.	+	For example, a building owner may want to build an extension, amend/modify the structure of a party wall or may work close to a building’s foundation. A building owner may even serve you with a notice if they need to carry out excavations near neighbouring buildings.
−		+
−	According to the [https://www.blsurveyors.com/the-party-wall-etc-act-1996-when-does-it-apply/ Party Wall etc. Act 1996], you will be identified as an ‘adjoining owner’ as you received the notice and your neighbor is identified as the building owner as he/she served you with the notice. The type of construction work that is outlined on notice may vary from one project to another.	+
−		+
−	For example, a ~~‘building owner’~~ may want to build an extension, amend/modify the structure of party wall or may work close to a building’s foundation. A ~~‘building owner’~~ may even serve you with a notice if ~~he/she needs~~ to carry out excavations near ~~neighboring~~ buildings.	+

	= Appointing solicitors =		= Appointing solicitors =

−	If you dissent/disagree to the construction work outlined on the party wall notice, then you may appoint a solicitor to represent your ~~interest~~ in the ~~party wall~~ dispute. You may even appoint a qualified and experienced party wall surveyor instead of appointing a solicitor.	+	If you dissent/disagree with the construction work outlined in the party wall notice then you may appoint a solicitor to represent your interests in the dispute. You may even appoint a qualified and experienced party-wall surveyor instead of appointing a solicitor.

	= Consenting to construction work =		= Consenting to construction work =

−	The simplest option after being served with a notice is to consent to the construction work outlined on it. If you agree to a notice, then you are permitting a ~~‘building owner’~~ to move forward with the proposed construction works within the specified timeline. It is a prudent action if the construction work does not damage your property. However, it is essential to ensure that the outlined construction works are relevant to the Party Wall Act.	+	The simplest option after being served with a notice is to consent to the construction work outlined in it. If you agree to the notice, then you are permitting a building owner to move forward with the proposed construction works within the specified timeline. It is a prudent action if the construction work does not damage your property. However, it is essential to ensure that the outlined construction works are relevant to the Party Wall Act.

−	It is not uncommon for an ~~‘adjoining owner’~~ to receive an incorrectly drafted notice or letter. A notice being served to an ~~‘adjoining owner’~~ may be invalid due to technicality. It may be impossible for you to identify this mistake due to lack of knowledge with regards to the aforementioned act. However, the construction work is not supposed to start until the flawed notice has been corrected and redrafted and has been reserved on all affected parties.	+	It is not uncommon for an adjoining owner to receive an incorrectly drafted notice or letter. A notice being served to an adjoining owner may be invalid due to a technicality. It may be impossible for you to identify this mistake due to a lack of knowledge with regards to the aforementioned act. However, the construction work is not supposed to start until the flawed notice has been corrected and redrafted and has been reserved on all affected parties.

	= Consenting with conditions =		= Consenting with conditions =

−	If you want an additional construction work to be ~~done~~ on the party wall alongside the proposed construction work by a building-owner, then it is essential for you to serve a ‘counter-notice’.	+	If you want additional construction work to be undertaken on the party wall alongside the proposed construction work by a building-owner, then it is essential for you to serve a ‘counter-notice’.

−	According to the Party Wall Act 1996, an adjoining owner has the legal right to ask for an amendment to the proposals. However, you have to make a financial contribution to the construction project if this amendment benefits your property. A ‘building-owner’ is allowed to consider this request. ~~He/she~~ may seek the advice of a surveyor to ensure that this request is permitted by the Party Wall ~~etc.~~ Act or to learn about the impact of this amendment on ~~his/her~~ property.	+	According to the Party Wall Act 1996, an adjoining owner has the legal right to ask for an amendment to the proposals. However, you have to make a financial contribution to the construction project if this amendment benefits your property. A ‘building-owner’ is allowed to consider this request. They may seek the advice of a surveyor to ensure that this request is permitted by the Party Wall Act or to learn about the impact of this amendment on their property.

−	You may ask an appointed party wall surveyor to record the condition of your property in writing and to collect the photographs of a property as evidence ~~earlier~~ to starting the construction work.	+	You may ask an appointed party-wall surveyor to record the condition of your property in writing and to collect the photographs of the property as evidence prior to starting the construction work.

	= Dissenting from construction work =		= Dissenting from construction work =

−	It is possible to delay a construction project if you sign the ~~Acknowledgement~~ notice as disagreeing to the work. It informs a building owner regarding your objection and ~~he/she~~ may try to resolve this issue through a discussion with ~~regards to your objection~~ or may appoint a party wall surveyor. You may even propose to appoint a surveyor to represent your own interests.	+	It is possible to delay a construction project if you sign the acknowledgement notice as disagreeing to the work. It informs a building owner regarding your objection and they may try to resolve this issue through a discussion with you or may appoint a party-wall surveyor. You may even propose to appoint a surveyor to represent your own interests.

−	A ~~‘building owner’~~ is supposed to pay the consultation fees of all appointed surveyors. However, in exceptional circumstances, an adjoining owner is supposed to pay the consultation fee of the party wall surveyor who represents ~~his/her~~ interest in the [https://www.blsurveyors.com/services/surveying/boundary-dispute/ party wall dispute].	+	A building owner is supposed to pay the consultation fees of all appointed surveyors. However, in exceptional circumstances, an adjoining owner is supposed to pay the consultation fee of the party wall surveyor who represents their interest in the [https://www.blsurveyors.com/services/surveying/boundary-dispute/ party wall dispute].

	= Ignoring the party wall notice =		= Ignoring the party wall notice =

−	~~You will gain nothing~~ from ignoring ~~the~~ [https://www.blsurveyors.com/services/party-wall/party-wall-notices/ party wall notice], as it ~~turns~~ into an automatic dissent/dispute after a few days. However, this process protects an adjoining owner if ~~he/she is~~ away from home for a few days and cannot learn about the notice until ~~coming back home~~.	+	Nothing is gained from ignoring a [https://www.blsurveyors.com/services/party-wall/party-wall-notices/ party wall notice], as it will turn into an automatic dissent/dispute after a few days. However, this process protects an adjoining owner if they are away from home for a few days and cannot learn about the notice until their return.

	= Agreed surveyor =		= Agreed surveyor =

−	It is prudent to work with an agreed surveyor if a ~~‘building owner’~~ is going to perform simple construction work. For example,	+	It is prudent to work with an agreed surveyor if a building owner is going to perform simple construction work. For example:
		+
		+	* Altering/rebuilding/repairing a party chimney stack on the roof.
		+	* Cutting out and replacing the damaged bricks of a shared parapet wall that rises above the roof level.
		+
		+	It is also prudent to work with separate party-wall surveyors if there is complex construction work (piling, opening-up a structure, deep excavations) or if a surveyor has to monitor the structure during construction.
		+
		+	Each party is supposed to formally appoint a surveyor within a specified timeline and both surveyors work together in order to reach a [https://www.blsurveyors.com/services/party-wall/agreement/ party wall agreement] that is known as a ‘Party Wall Award’.
		+
		+	= About this article =

−	~~Altering/rebuilding/repairing a party chimney stack on the roof~~.	+	This article was provided by Berrylodge in January 2020.

−	~~Cutting out and replacing the damaged bricks of a shared parapet wall that rises above the roof level.~~	+	= Related articles on Designing Buildings Wiki =

−	~~It is prudent to work with separate party~~ wall ~~surveyors if there is complex construction work (piling work, opening up a~~ structure~~, deep excavations) or if a~~ surveyor ~~has to monitor the structure during the~~ construction.	+	* Adjoining buildings definition.
		+	* Appointing consultants.
		+	* Basement excavation.
		+	* Building an extension.
		+	* Conversion.
		+	* De minimis.
		+	* Derogation from grant.
		+	* Fence.
		+	* Line of junction notice.
		+	* Load-bearing wall.
		+	* Neighbour.
		+	* Party structure notice.
		+	* Party wall surveyor.
		+	* Preventing wall collapse.
		+	* Responsibility for boundary features.
		+	* Right of support.
		+	* Statutory approvals.
		+	* Statutory authorities.
		+	* Trespass.
		+	* Wall types.
		+	* What approvals are needed before construction begins.

−	~~Each party is supposed to formally appoint a surveyor within a specified timeline and both surveyors work together in order to reach a~~ [~~https~~:~~//www.blsurveyors.com/services/party-wall/agreement/ party wall agreement~~] ~~that is known as ‘Party Wall Award’.~~	+	--[[User:Berrylodge\|Berrylodge]]

−	~~[[Category:Theory]]~~ [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations~~]] [[Category:Standards_/_measurements]] [[Category:Appointments~~]] [[Category:Property_development~~]] [[Category:Public_procedures]] [[Category:Roles_/_services~~]]	+	[[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Property_development]]

Editor: moved Party Wall Notice Response Options to Party wall notice response options

2020-01-27T15:25:12Z

moved Party Wall Notice Response Options to Party wall notice response options

← Older revision

Revision as of 15:25, 27 January 2020

Editor at 15:24, 27 January 2020

2020-01-27T15:24:38Z

← Older revision		Revision as of 15:24, 27 January 2020
Line 1:		Line 1:
		+	= Introduction =
		+
	Your neighbour may serve you with a Party Wall Notice with regards to the upcoming construction work on the Party Wall. In this scenario, you have three options. You may ignore this notice. You may agree to this notice. You may even dissent/disagree to this notice.		Your neighbour may serve you with a Party Wall Notice with regards to the upcoming construction work on the Party Wall. In this scenario, you have three options. You may ignore this notice. You may agree to this notice. You may even dissent/disagree to this notice.

Line 13:		Line 15:
	For example, a ‘building owner’ may want to build an extension, amend/modify the structure of party wall or may work close to a building’s foundation. A ‘building owner’ may even serve you with a notice if he/she needs to carry out excavations near neighboring buildings.		For example, a ‘building owner’ may want to build an extension, amend/modify the structure of party wall or may work close to a building’s foundation. A ‘building owner’ may even serve you with a notice if he/she needs to carry out excavations near neighboring buildings.

−	== Appointing ~~Solicitors =~~=	+	= Appointing solicitors =

	If you dissent/disagree to the construction work outlined on the party wall notice, then you may appoint a solicitor to represent your interest in the party wall dispute. You may even appoint a qualified and experienced party wall surveyor instead of appointing a solicitor.		If you dissent/disagree to the construction work outlined on the party wall notice, then you may appoint a solicitor to represent your interest in the party wall dispute. You may even appoint a qualified and experienced party wall surveyor instead of appointing a solicitor.

−	== Consenting to ~~Construction Work =~~=	+	= Consenting to construction work =

	The simplest option after being served with a notice is to consent to the construction work outlined on it. If you agree to a notice, then you are permitting a ‘building owner’ to move forward with the proposed construction works within the specified timeline. It is a prudent action if the construction work does not damage your property. However, it is essential to ensure that the outlined construction works are relevant to the Party Wall Act.		The simplest option after being served with a notice is to consent to the construction work outlined on it. If you agree to a notice, then you are permitting a ‘building owner’ to move forward with the proposed construction works within the specified timeline. It is a prudent action if the construction work does not damage your property. However, it is essential to ensure that the outlined construction works are relevant to the Party Wall Act.
Line 23:		Line 25:
	It is not uncommon for an ‘adjoining owner’ to receive an incorrectly drafted notice or letter. A notice being served to an ‘adjoining owner’ may be invalid due to technicality. It may be impossible for you to identify this mistake due to lack of knowledge with regards to the aforementioned act. However, the construction work is not supposed to start until the flawed notice has been corrected and redrafted and has been reserved on all affected parties.		It is not uncommon for an ‘adjoining owner’ to receive an incorrectly drafted notice or letter. A notice being served to an ‘adjoining owner’ may be invalid due to technicality. It may be impossible for you to identify this mistake due to lack of knowledge with regards to the aforementioned act. However, the construction work is not supposed to start until the flawed notice has been corrected and redrafted and has been reserved on all affected parties.

−	== Consenting with ~~Conditions =~~=	+	= Consenting with conditions =

	If you want an additional construction work to be done on the party wall alongside the proposed construction work by a building-owner, then it is essential for you to serve a ‘counter-notice’.		If you want an additional construction work to be done on the party wall alongside the proposed construction work by a building-owner, then it is essential for you to serve a ‘counter-notice’.
Line 31:		Line 33:
	You may ask an appointed party wall surveyor to record the condition of your property in writing and to collect the photographs of a property as evidence earlier to starting the construction work.		You may ask an appointed party wall surveyor to record the condition of your property in writing and to collect the photographs of a property as evidence earlier to starting the construction work.

−	== Dissenting from ~~Construction Work =~~=	+	= Dissenting from construction work =

	It is possible to delay a construction project if you sign the Acknowledgement notice as disagreeing to the work. It informs a building owner regarding your objection and he/she may try to resolve this issue through a discussion with regards to your objection or may appoint a party wall surveyor. You may even propose to appoint a surveyor to represent your own interests.		It is possible to delay a construction project if you sign the Acknowledgement notice as disagreeing to the work. It informs a building owner regarding your objection and he/she may try to resolve this issue through a discussion with regards to your objection or may appoint a party wall surveyor. You may even propose to appoint a surveyor to represent your own interests.
Line 37:		Line 39:
	A ‘building owner’ is supposed to pay the consultation fees of all appointed surveyors. However, in exceptional circumstances, an adjoining owner is supposed to pay the consultation fee of the party wall surveyor who represents his/her interest in the [https://www.blsurveyors.com/services/surveying/boundary-dispute/ party wall dispute].		A ‘building owner’ is supposed to pay the consultation fees of all appointed surveyors. However, in exceptional circumstances, an adjoining owner is supposed to pay the consultation fee of the party wall surveyor who represents his/her interest in the [https://www.blsurveyors.com/services/surveying/boundary-dispute/ party wall dispute].

−	== Ignoring the ~~Party Wall Notice =~~=	+	= Ignoring the party wall notice =

	You will gain nothing from ignoring the [https://www.blsurveyors.com/services/party-wall/party-wall-notices/ party wall notice], as it turns into an automatic dissent/dispute after a few days. However, this process protects an adjoining owner if he/she is away from home for a few days and cannot learn about the notice until coming back home.		You will gain nothing from ignoring the [https://www.blsurveyors.com/services/party-wall/party-wall-notices/ party wall notice], as it turns into an automatic dissent/dispute after a few days. However, this process protects an adjoining owner if he/she is away from home for a few days and cannot learn about the notice until coming back home.

−	== Agreed ~~Surveyor =~~=	+	= Agreed surveyor =

	It is prudent to work with an agreed surveyor if a ‘building owner’ is going to perform simple construction work. For example,		It is prudent to work with an agreed surveyor if a ‘building owner’ is going to perform simple construction work. For example,
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	Each party is supposed to formally appoint a surveyor within a specified timeline and both surveyors work together in order to reach a [https://www.blsurveyors.com/services/party-wall/agreement/ party wall agreement] that is known as ‘Party Wall Award’.		Each party is supposed to formally appoint a surveyor within a specified timeline and both surveyors work together in order to reach a [https://www.blsurveyors.com/services/party-wall/agreement/ party wall agreement] that is known as ‘Party Wall Award’.

−	~~[[Category:Conservation]]~~ [[Category:Theory]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Standards_/_measurements]] [[Category:Appointments]] [[Category:Property_development]] [[Category:Public_procedures]] [[Category:Roles_/_services]]	+	[[Category:Theory]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Standards_/_measurements]] [[Category:Appointments]] [[Category:Property_development]] [[Category:Public_procedures]] [[Category:Roles_/_services]]

Berrylodge: Created page with "Your neighbour may serve you with a Party Wall Notice with regards to the upcoming construction work on the Party Wall. In this scenario, you have three options. You may ignore t..."

2020-01-27T14:06:58Z

Created page with "Your neighbour may serve you with a Party Wall Notice with regards to the upcoming construction work on the Party Wall. In this scenario, you have three options. You may ignore t..."

New page

Your neighbour may serve you with a Party Wall Notice with regards to the upcoming construction work on the Party Wall. In this scenario, you have three options. You may ignore this notice. You may agree to this notice. You may even dissent/disagree to this notice.

There are consequences for all these actions; however, it depends upon the type of action. See them below…

Your neighbour may consult with you with regards to this issue or may appoint a party wall surveyor if you do not reply to this notice.

You have to sign the ‘acknowledgement’ letter that is enclosed together with the Party Wall notice if you agree to the notice. Signing this letter attests to the fact that you agree to the construction work.

A formal dispute between you and your neighbour will start if you disagree to this notice. Your neighbour may appoint a Party Wall Surveyor to resolve this issue. You also have the liberty to appoint a surveyor in order to represent your interest.

According to the [https://www.blsurveyors.com/the-party-wall-etc-act-1996-when-does-it-apply/ Party Wall etc. Act 1996], you will be identified as an ‘adjoining owner’ as you received the notice and your neighbor is identified as the building owner as he/she served you with the notice. The type of construction work that is outlined on notice may vary from one project to another.

For example, a ‘building owner’ may want to build an extension, amend/modify the structure of party wall or may work close to a building’s foundation. A ‘building owner’ may even serve you with a notice if he/she needs to carry out excavations near neighboring buildings.

== Appointing Solicitors ==

If you dissent/disagree to the construction work outlined on the party wall notice, then you may appoint a solicitor to represent your interest in the party wall dispute. You may even appoint a qualified and experienced party wall surveyor instead of appointing a solicitor.

== Consenting to Construction Work ==

The simplest option after being served with a notice is to consent to the construction work outlined on it. If you agree to a notice, then you are permitting a ‘building owner’ to move forward with the proposed construction works within the specified timeline. It is a prudent action if the construction work does not damage your property. However, it is essential to ensure that the outlined construction works are relevant to the Party Wall Act.

It is not uncommon for an ‘adjoining owner’ to receive an incorrectly drafted notice or letter. A notice being served to an ‘adjoining owner’ may be invalid due to technicality. It may be impossible for you to identify this mistake due to lack of knowledge with regards to the aforementioned act. However, the construction work is not supposed to start until the flawed notice has been corrected and redrafted and has been reserved on all affected parties.

== Consenting with Conditions ==

If you want an additional construction work to be done on the party wall alongside the proposed construction work by a building-owner, then it is essential for you to serve a ‘counter-notice’.

According to the Party Wall Act 1996, an adjoining owner has the legal right to ask for an amendment to the proposals. However, you have to make a financial contribution to the construction project if this amendment benefits your property. A ‘building-owner’ is allowed to consider this request. He/she may seek the advice of a surveyor to ensure that this request is permitted by the Party Wall etc. Act or to learn about the impact of this amendment on his/her property.

You may ask an appointed party wall surveyor to record the condition of your property in writing and to collect the photographs of a property as evidence earlier to starting the construction work.

== Dissenting from Construction Work ==

It is possible to delay a construction project if you sign the Acknowledgement notice as disagreeing to the work. It informs a building owner regarding your objection and he/she may try to resolve this issue through a discussion with regards to your objection or may appoint a party wall surveyor. You may even propose to appoint a surveyor to represent your own interests.

A ‘building owner’ is supposed to pay the consultation fees of all appointed surveyors. However, in exceptional circumstances, an adjoining owner is supposed to pay the consultation fee of the party wall surveyor who represents his/her interest in the [https://www.blsurveyors.com/services/surveying/boundary-dispute/ party wall dispute].

== Ignoring the Party Wall Notice ==

You will gain nothing from ignoring the [https://www.blsurveyors.com/services/party-wall/party-wall-notices/ party wall notice], as it turns into an automatic dissent/dispute after a few days. However, this process protects an adjoining owner if he/she is away from home for a few days and cannot learn about the notice until coming back home.

== Agreed Surveyor ==

It is prudent to work with an agreed surveyor if a ‘building owner’ is going to perform simple construction work. For example,

Altering/rebuilding/repairing a party chimney stack on the roof.

Cutting out and replacing the damaged bricks of a shared parapet wall that rises above the roof level.

It is prudent to work with separate party wall surveyors if there is complex construction work (piling work, opening up a structure, deep excavations) or if a surveyor has to monitor the structure during the construction.

Each party is supposed to formally appoint a surveyor within a specified timeline and both surveyors work together in order to reach a [https://www.blsurveyors.com/services/party-wall/agreement/ party wall agreement] that is known as ‘Party Wall Award’.

[[Category:Conservation]] [[Category:Theory]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Regulations]] [[Category:Standards_/_measurements]] [[Category:Appointments]] [[Category:Property_development]] [[Category:Public_procedures]] [[Category:Roles_/_services]]

← Older revision		Revision as of 07:01, 31 January 2020
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	{\|		{\|
−	\| [[File:~~Contract 1 550~~.jpg]]	+	\| [[File:Contract_1_550.jpg\|link=File:Contract_1_550.jpg]]
	\|}		\|}

	= Introduction =		= Introduction =

−	A neighbour may serve you with a Party Wall Notice with regards to upcoming construction work on the party wall~~. In this scenario, you have three options. You~~ may ~~ignore the notice~~. ~~Or you~~ may ~~agree or~~ even ~~dissent/disagree~~ to ~~the notice~~.	+	A neighbour may serve you with a Party Wall Notice with regards to upcoming construction work. For example, a building owner may want to build an extension, amend/modify the structure of a party wall or may work close to a building’s foundation. A building owner may even serve you with a notice if they need to carry out excavations near neighbouring buildings.

−	There are consequences of all these actions ~~but it depends upon the type of action~~:	+	In this scenario, you have three options. You may ignore the notice, you may agree or you may dissent/disagree. There are consequences of all these actions:

	* Your neighbour may consult with you with regards to this issue or may appoint a party-wall surveyor if you do not reply to the notice.		* Your neighbour may consult with you with regards to this issue or may appoint a party-wall surveyor if you do not reply to the notice.
	* You have to sign the ‘acknowledgement’ letter that is enclosed together with the party wall notice if you agree to the notice. Signing this letter attests to the fact that you agree to the construction work.		* You have to sign the ‘acknowledgement’ letter that is enclosed together with the party wall notice if you agree to the notice. Signing this letter attests to the fact that you agree to the construction work.
−	* A formal dispute between you and your neighbour will start if you disagree ~~to this notice~~. Your neighbour may appoint a party-wall surveyor to resolve the issue. You also have the ~~liberty~~ to appoint a surveyor in order to represent your interest.	+	* A formal dispute between you and your neighbour will start if you disagree. Your neighbour may appoint a party-wall surveyor to resolve the issue. You also have the right to appoint a surveyor in order to represent your interest.

−	According to the ~~[https://www.blsurveyors.com/the-party-wall-etc-act-1996-when-does-it-apply/~~ Party Wall etc. Act 1996], you will be identified as an ‘adjoining owner’ as you received the notice and your neighbour is identified as the building owner as ~~he/she~~ served you with the notice~~. The type of construction work that is outlined on the notice may vary from one project to another.~~	+	According to the Party Wall etc. Act 1996, you will be identified as an ‘adjoining owner’ as you received the notice and your neighbour is identified as the building owner as they served you with the notice.
−		+
−	For example, a building owner may want to build an extension, amend/modify the structure of a party wall or may work close to a building’s foundation. A building owner may even serve you with a notice if they need to carry out excavations near neighbouring buildings.	+

	= Appointing solicitors =		= Appointing solicitors =

−	If you dissent/disagree with the construction work outlined in the party wall notice then you may appoint a solicitor to represent your interests in the dispute. You may ~~even~~ appoint a qualified and experienced party-wall surveyor instead of appointing a solicitor.	+	If you dissent/disagree with the construction work outlined in the party wall notice then you may appoint a solicitor to represent your interests in the dispute. You may appoint a qualified and experienced party-wall surveyor instead of appointing a solicitor.

	= Consenting to construction work =		= Consenting to construction work =

−	The simplest option after being served with a notice is to consent to the construction work outlined in it. If you agree to the notice, then you are permitting a building owner to move forward with the proposed construction works within the specified timeline~~. It is a prudent action if the construction work does not damage your property. However, it is essential to ensure that the outlined construction works are relevant to the Party Wall Act~~.	+	The simplest option after being served with a notice is to consent to the construction work outlined in it. If you agree to the notice, then you are permitting the building owner to move forward with the proposed construction works within the specified timeline.

−	It is not uncommon for an adjoining owner to receive an incorrectly drafted notice or letter. A notice being served to an adjoining owner may be invalid due to a technicality. ~~It may be impossible for you to identify this mistake due to a lack of knowledge with regards to the aforementioned act. However, the~~ construction work is not supposed to start until the flawed notice has been corrected and redrafted and has been reserved on all affected parties.	+	It is not uncommon for an adjoining owner to receive an incorrectly drafted notice or letter. A notice being served to an adjoining owner may be invalid due to a technicality. The construction work is not supposed to start until the flawed notice has been corrected and redrafted and has been reserved on all affected parties.

	= Consenting with conditions =		= Consenting with conditions =
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	According to the Party Wall Act 1996, an adjoining owner has the legal right to ask for an amendment to the proposals. However, you have to make a financial contribution to the construction project if this amendment benefits your property. A ‘building-owner’ is allowed to consider this request. They may seek the advice of a surveyor to ensure that this request is permitted by the Party Wall Act or to learn about the impact of this amendment on their property.		According to the Party Wall Act 1996, an adjoining owner has the legal right to ask for an amendment to the proposals. However, you have to make a financial contribution to the construction project if this amendment benefits your property. A ‘building-owner’ is allowed to consider this request. They may seek the advice of a surveyor to ensure that this request is permitted by the Party Wall Act or to learn about the impact of this amendment on their property.

−	You may ask an appointed party-wall surveyor to record the condition of your property in writing and to collect ~~the~~ photographs of the property as evidence prior to starting the construction work.	+	You may ask an appointed party-wall surveyor to record the condition of your property in writing and to collect photographs of the property as evidence prior to starting the construction work.

	= Dissenting from construction work =		= Dissenting from construction work =

−	It is possible to delay a construction project if you sign the acknowledgement notice as disagreeing to the work. It informs a building owner regarding your objection and they may try to resolve this issue through a discussion with you or may appoint a party-wall surveyor. You may ~~even~~ propose to appoint a surveyor to represent your own interests.	+	It is possible to delay a construction project if you sign the acknowledgement notice as disagreeing to the work. It informs a building owner regarding your objection and they may try to resolve this issue through a discussion with you or may appoint a party-wall surveyor. You may propose to appoint a surveyor to represent your own interests.

−	A building owner is supposed to pay the consultation fees of all appointed surveyors. However, in exceptional circumstances, an adjoining owner is supposed to pay the consultation fee of the party wall surveyor who represents their interest in the ~~[https://www.blsurveyors.com/services/surveying/boundary-dispute/~~ party wall dispute].	+	A building owner is supposed to pay the consultation fees of all appointed surveyors. However, in exceptional circumstances, an adjoining owner is supposed to pay the consultation fee of the party wall surveyor who represents their interest in the party wall dispute.

	= Ignoring the party wall notice =		= Ignoring the party wall notice =

−	Nothing is gained from ignoring a ~~[https://www.blsurveyors.com/services/party-wall/party-wall-notices/~~ party wall notice], as it will turn into an automatic dissent/dispute after a few days. However, this process protects an adjoining owner if they are away from home for a few days and cannot learn about the notice until their return.	+	Nothing is gained from ignoring a party wall notice, as it will turn into an automatic dissent/dispute after a few days. However, this process protects an adjoining owner if they are away from home for a few days and cannot learn about the notice until their return.

	= Agreed surveyor =		= Agreed surveyor =
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	It is also prudent to work with separate party-wall surveyors if there is complex construction work (piling, opening-up a structure, deep excavations) or if a surveyor has to monitor the structure during construction.		It is also prudent to work with separate party-wall surveyors if there is complex construction work (piling, opening-up a structure, deep excavations) or if a surveyor has to monitor the structure during construction.

−	Each party is supposed to formally appoint a surveyor within a specified timeline and both surveyors work together in order to reach a ~~[https://www.blsurveyors.com/services/~~party-wall/agreement~~/ party wall agreement]~~ that is known as a ‘Party Wall Award’.	+	Each party is supposed to formally appoint a surveyor within a specified timeline and both surveyors work together in order to reach a party wall agreement that is known as a ‘Party Wall Award’.

	= About this article =		= About this article =