The first point of which you become aware of your neighbour's plans may be whenever a formal written notice from their representative drops during your door. This should be in the proper execution of a formal written notice and is normally served two months' ahead of commencement of the task or one month regarding excavation works only.
When you receive such a notice you should seek advice before signing a consent form and possibly waiving your legal rights. The notice should offer you the opportunity to instruct 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 the 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, specifically circumstances the forming of foundations within 6 metres of an adjoining property may necessitate notice.
If you're the adjoining owner and receive a party wall notice, you might agree to the proposed works if you are entirely happy that there will be no damage or consequences to your property. Otherwise, if you don't agree or if you ignore the notice, you then must agree to a single surveyor being appointed, or appoint your own.
As an adjoining owner, served with a celebration structures notice, you might issue a counter-notice within one month requiring additional works to be completed, and you must consent within 14 days or a dispute is regarded as to exist.
The notice must include:
1) An obvious statement that the notice has been served beneath 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, a drawing showing the positioning and depth of the excavation must be included.
5) If any of the information is missing from the served noticed, it will be invalid in which particular case, any subsequent award may also be invalid.
Finally what in the event you do if you receive a Party Wall Notice from your own neighbour. You have 14 days from the date of the notice where to consent. If you don't answer the notice you are deemed to possess dissented beneath the Act and must appoint a surveyor.
Click here to find out more 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 this surveyor as 'Agreed'.
The proposals affecting the Party Wall can not be resisted ultimately, although if you are an adjoining owner, by dissenting from the Notice, appointing a surveyor and the preparation of a celebration Wall Award, you will go quite a distance to protecting your interests.
Despite its name the Act is not only worried about party walls but additionally governs excavations near to adjacent buildings and specific types of notice, referred to as 3 metre and 6 metre, should be served.
If either you or your neighbour have objected to the others notice and the dispute can't be settled by using a friendly discussion, then your problem should be resolved by the appointment of surveyor.