When the Party Walls Act came into force more than 20 years ago, the idea was that it would provide a platform for neighbors to solve problems related to construction work or digging foundations that would affect party walls. If you refuse to engage in the process and continue to ignore it, your neighbour can name a surveyor on your behalf. If you do not work with the surveyor, this can lead to a trial. This is an area that few neighbours recognize when they decide not to work with surveyors and, later, with the owners. Section 20 of the party wall, etc. Act 1996 explains it: In this week`s blog post, I`ll take care of access to Party Wall, and in particular what happens if the adjacent owner refuses to allow a contractor or his developers on their land. The communication of use can be made free of charge, with appropriate standard forms or by a surveyor for the holidays for a flat fee. A confirmation letter for the neighbour is usually included. Of course, you may not want your party wall to be cut. Maybe you prefer not to drill the noise and inconvenience of builders and knock next door. Or maybe we don`t take care of the neighbours and we don`t want to work together. One way or another, you are always responsible for repairing the damage caused during the work.
Check the wall with your neighbor before work begins, and make and share photos of the wall to avoid further disputes — for example, existing cracks. Some people decide to ask a surveyor at that time to do a state review to minimize the risk of litigation. The surveyor will award a “party award” that will give a final decision on what will happen, how and when the work will be done and who will pay for it. It also includes the surveyor`s expenses. If your neighbour has not given permission, you will need a party wall award and therefore a surveyor. As a general rule, you and your neighbour only use one surveyor (a good idea, as it only means one set of fees). If a party wall message has been sent to you, it is because your neighbour wants to carry out work on his land that could affect your property. This work may include: If your neighbour refuses to give consent or does not respond after termination, you are considered “contentious”. This is an offence that can be prosecuted before the Tribunal, which finds that the occupier or any other person who, by law, is authorized to enter the country, refuses entry or obstructs entry if the first person knows or has the right to believe that the person has the right to be there.
Neighbours can claim compensation if they can prove that they have suffered a loss because of work, and this may even require the removal of the work. The same applies if you have a party contract with your neighbours, but you do not respect the agreed terms. The Party Wall Act 1996 does not apply to Scotland and Northern Ireland, where the common law is used to resolve issues relating to party walls. The Party Wall Act of 1996 provides the framework for preventing and resolving disputes on party walls. This law ensures that owners who start working on a party wall inform shoreline owners of their intentions. As an adjacent owner, you can have a say in the work performed, give you the opportunity to accept or not accept your proposal, and ensure that any work done does not damage your property.