I RECEIVED A NOTICE FROM MY NEIGHBOUR
On the off chance that your neighbour has served you with a notice you should either agree or disagree. Numerous surveyors encourage proprietors to contradict and choose them to make an Award. This is not important to have the assurance given by the Act.
In the event that the works are straightforward (i.e a local space or back/side expansion not including profound nearby exhuming near your building or supporting of your building).
You will have all the security of the Act on the off chance that you agree subject to an earlier Schedule of Condition of your property which ought to be made by an expert surveyor. In these cases we set up a formal Party Wall Agreement.
On the off chance that an issue or question emerges amid works, and if this can’t be settled between the gatherings then a Surveyor or two Surveyors can at present be designated to make an Award,
The standard compelling distinction between an Agreement (counting a Schedule of Condition) and an Award is that with an Award the surveyor will regularly make a last assessment.
This might be a thought in the event that you live remote from the property of on the off chance that you would simply incline toward a Surveyor to examine. If you don’t mind get in touch with us for further guidance.
Whether you choose to assent or difference surveyors expenses would regularly be paid over the required funds by the individual undertaking the work.
I WANT TO ENSURE I’M PROTECTED
As long as a notice is served you are protected by the Act. It is best that you decide how to reply within the 14 day period given. If the work is relatively minor then you can consent subject to a prior schedule of condition of your property. Otherwise you can dissent and have a Party Wall Award.
Contact us and we can advise you based on the circumstances.
If you do not respond for 14 days after that for 10 days after a further reminder notice is served then the person doing the work can appoint a surveyor for you.
WORK’S STARTED WITHOUT NOTICE
On the off chance that your neighbour seems, by all accounts, to be beginning relavant work without notice:
- You first have to contact your neighbour. In the case that your neighbour is not aware of the need to serve take note.
- On the off chance that works are proceeded without a notice being served the individual taking the necessary steps is infringing upon the law. You will lose a significant part of the assurance that you are qualified for get under the Party Wall Act.
- For this situation you ought to counsel, in the main occasion, a Party Wall Surveyor. We wont hesitate to support you.
In the event that a man undertaking work declines to issue a notice and keeps on undertaking works then you may need to take lawful guidance. By and large a court order can be acquired to stop the works. This is obviously a final resort and ought to be stayed away from if at all conceivable.
MY NEIGHBOUR WANTS US TO AGREE ON A SINGLE SURVEYOR
It is for the most part a smart thought to have a solitary Agreed Surveyor. There ought not be any ‘irreconcilable situation as Party Wall Surveyors have a strict obligation to be fair-minded and reasonable.
An issue may emerge is; if the Agreed Surveyor additionally has another obligation inside the development group (i.e in the event that he or she is likewise the Architect, Engineer or Project Manager). This ought to be maintained a strategic distance from.
AM I SUPPOSED TO PAY SURVEYOR’S FEES?
In the event that the notice is served to cover an advancement or expansion all the Adjoining Owner’s sensible. Expenses ought to be met by the individual undertaking the work. You should guarantee:
- That your surveyor’s expenses are sensible as the individual taking the necessary steps won’t be relied upon to pay unnecessary or absurd charges. In that condition a few surveyors have been known to attempt and get the distinction from their selecting proprietor. In the event that you consent to a surveyors Terms and Conditions make sure that you comprehend conceivable liabilities.
On the off chance that the notice is to repair imperfections to a common wall ; or structure expenses and expenses are distributed by for the deformity and the utilization of the said wall(divider).