The first point at which you become alert to your neighbour's plans could be whenever a formal written notice from their representative drops during your door. This should be in the form of a formal written notice and is generally served two months' prior to commencement of the work or one month in the case of excavation works only.
When you receive such a notice you should seek advice before signing a consent form and possibly waiving your rights. The notice should give you the opportunity to teach a surveyor to record the condition of your property both prior to the work commences and again on completion.
If you refused to respond to a notice from the building owner, he'll have the ability to appoint a surveyor in your stead in order that the dispute resolution procedure can proceed without your cooperation. The legislation is statute law and any works to party walls, structures, fences or, in particular circumstances the forming of foundations within 6 metres of an adjoining property may require notice.
If you are the adjoining owner and receive a party wall notice, you might consent to the proposed works should you be entirely happy that you will see no damage or consequences to your property. Otherwise, if Party Wall Surveys Darlaston do not agree or in the event that you ignore the notice, you then must agree to a single surveyor being appointed, or appoint your personal.
As an adjoining owner, served with a party structures notice, you may issue a counter-notice within a month requiring additional works to be carried out, and you must consent within 14 days or a dispute is deemed to exist.
The notice must include:
1) An obvious statement that the notice is being 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 a served noticed, it'll be invalid in which particular case, any subsequent award will also be invalid.
Finally what should you do if you receive a Party Wall Notice from your neighbour. You have 2 weeks from the date of the notice where to consent. If you don't reply to the notice you're deemed to have dissented beneath the Act and must appoint a surveyor.
You can even indicate your dissent on the notice's acknowledgment. If the Building Owner has suggested a surveyor on their notice you might 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 a long way to protecting your interests.
Despite its name the Act isn't only worried about party walls but additionally governs excavations close to adjacent buildings and specific forms of notice, known 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.