Finding a Party Wall Notice
The first point of which you become aware of your neighbour's plans could be whenever a formal written notice from their representative drops during your door. https://westmidlandssurveyor.co.uk/best-party-wall-surveys-west-midlands/ should maintain the form of a formal written notice and is normally served two months' prior to commencement of the task or one month in the case of excavation works only.
When you receive such a notice you need to seek advice before signing a consent form and possibly waiving your rights. The notice should offer you the opportunity to teach a surveyor to record the condition of your property both before the work commences and again on completion.
If you refused to react to a notice from a building owner, he'll be able to appoint a surveyor on your behalf so that 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 are the adjoining owner and receive a party wall notice, you might consent to the proposed works in case you are entirely happy that there will be no damage or consequences to your premises. 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.
Being an adjoining owner, served with a party structures notice, you might issue a counter-notice within one month requiring additional works to be completed, and you must consent within 2 weeks or a dispute is regarded as to exist.
The notice must include:
1) An obvious statement that the notice has been served under 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, then a drawing showing the positioning and depth of the excavation should be included.
5) If the information is missing from the served noticed, it will be invalid in which particular case, any subsequent award will also be invalid.
Finally what in the event you do if you get a Party Wall Notice from your neighbour. You have 14 days from the date of the notice where to consent. If you don't answer the notice you're deemed to have dissented under the Act and must appoint a surveyor.
You can also 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 that surveyor as 'Agreed'.
The proposals affecting the Party Wall can not be resisted ultimately, although if you are a 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 isn't just concerned with party walls but additionally governs excavations close to adjacent buildings and specific forms 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 way of a friendly discussion, then the problem ought to be resolved by the appointment of surveyor.