If you have received a notice under the Party Wall etc. Act 1996, it means your neighbour intends to carry out work that may affect your property. The Act is not designed to block your neighbour's plans but to ensure that their work is conducted safely while safeguarding your property.
Understanding the Purpose of the Party Wall Act
The Party Wall etc. Act 1996 is an enabling Act. Its purpose is to allow your neighbour to carry out the proposed work without interference, while simultaneously protecting your property from potential damage. It is important to note that objections to the work should be raised during the planning stage with the local planning authority. Once planning permission is granted, the Party Wall Act cannot be used to stop the work based on general objections to the development.
Your Rights and Responsibilities
Upon receiving a notice, you have 14 days to respond. You can either consent to the works or dissent. If you do not respond within 14 days, it will be assumed that you have dissented. You are not required to provide a reason for dissenting.
Specifics of Line of Junction Notices
A Line of Junction notice under Section 1(5) operates differently from other notices. You must state the specific aspect in dispute. Ignoring this type of notice does not imply dissent. If you receive a Section 1(2) notice to build a new party wall on both properties, the building owner must construct the wall entirely on their own land unless you provide written consent.
Appointing Surveyors and Resolving Disputes
If you dissent or fail to respond, either a single party wall surveyor agreed upon by both owners or one surveyor for each owner will be appointed to resolve the dispute. The surveyors will ensure all procedures are followed and the work is carried out with minimal inconvenience to you. This may involve appointing an independent structural engineer or reviewing method statements.
The Award Document
The surveyors will produce an ‘Award’ document, outlining their determinations. Once agreed upon and served to both owners, the Award is binding unless appealed in the County Court within 14 days.
Consenting to the Work
If you consent to the proposed work, it will proceed without the involvement of party wall surveyors. However, your rights are still protected under the Party Wall etc. Act 1996. The Act ensures that both parties are protected and can utilize dispute resolution procedures if necessary.
Seeking Professional Advice
Navigating the Party Wall Act can be complex. For expert advice and assistance, contact Party Wall Expert. We provide impartial guidance to help you understand your rights and responsibilities.