Party wall problems? Here are some tips: You must tell your neighbours if you want to carry out any building work near or on your shared property boundary, or ‘party wall’, in England and Wales. Party walls stand on the land of 2 or more owners and either: form part of a building, don’t form part of a building, such as a garden wall (not wooden fences). Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls. Party structures: You can also have a ‘party structure’. This could be a floor or other structure that separates buildings or parts of buildings with different owners, eg flats. Party wall agreements are different from planning permission or building regulations approval.
Certain works which are likely to affect your neighbours are covered by the Party Wall etc. Act 1996. This legislation provides protection to all parties involved and is intended to enable the works to be undertaken. In the event of non-cooperation from your neighbour or disagreement, party wall surveyors agree how the works should be carried out, including necessary protection measures and rectification of any damage. The purpose of the act is to avoid litigation by dealing with potential problems up front.
This decision would be much easier if you knew in advance whether or not your neighbour was planning to consent. Why not smooth the way by giving your neighbour a copy of the plans as soon as they are ready and at least a week or two before serving the official notice? Take the plans round personally and explain the parts of the work which will affect their property. Include your architect’s office number in case they have any technical questions. Having received full details of the work your neighbour should may be able to tell you whether or not they will consent before you serve the notice; although they might wish to consult their own surveyor before making any response.
These types of work all require notices to be served as required by the act, once notice has been served, if there is dissent then it is deemed there is a dispute and the Act allows for this, this would be the dispute or resolution stage. Most disputes arrives when the Adjoining Owner has worries or concerns with the proposed work or simply fails to respond in the statutory time to the building owner, for which there could be many reasons. Where a dispute arises either due to non-consent or no response then the Act lays down the steps required to resolve the dispute this is where the Building Owner and the Adjoining Owner will each appoint there Surveyor this could be one each or even the same surveyor with agreement for all parties working as the Agreed Surveyor. See more details on Party wall surveyor cost.