You’ve been planning an extension on your semi-detached house for months. You’ve done your due by hiring a building surveyor, calling on a building contractor, and seeking the expertise of a structural engineer. You even have your renovation blueprints set and ready. However, your neighbour remains unresponsive to your party wall notice despite your best efforts to communicate and follow legal protocols.
You’ve been planning an extension on your semi-detached house for months. You’ve done your due by hiring a building surveyor, calling on a building contractor, and seeking the expertise of a structural engineer. You even have your renovation blueprints set and ready. However, your neighbour remains unresponsive to your party wall notice despite your best efforts to communicate and follow legal protocols.
We understand such a situation can be frustrating, hence why we’ve crafted this piece to guide you through the steps to take when the silent treatment from next door challenges your home improvement dreams.
Responding to Unacknowledged Party Wall Notices
If you are embarking on a construction that treads into the territory of a shared wall or demarcation, obeying the Party Wall Act of 1996 is non-negotiable. This legislation functions as a protective barrier against possible disputes and harm that could result from such projects.
However, an impasse arises when a neighbour turns a blind eye to the party wall notice you’ve posted. Below, we dissect the tactical course you can employ to untangle this deadlock, thereby steering clear of legal entanglements.
Laying Bare the Party Wall Notice
At its core, a party wall notice is a legally binding document alerting your neighbour of impending construction on a shared wall or boundary. Whether it be a boundary such as a hedge, fence, or the common wall separating two townhouses, a party wall notice must include the following:
- The homeowner’s details and domicile
- The targeted property’s particulars
- An elaboration of the work and its repercussions on the shared boundary
- Timelines for the onset and conclusion of the work
- Visual aids or schematics of the proposed alterations
- An appeal for the neighbour’s consensus or opposition
It is imperative you dispatch this notice with a minimum two-month lead time before commencement of the work, ensuring evidence of the notice and its receipt are well documented.
Possible Reactions from Your Neighbour
Following the issuance of a notice, neighbours have a fortnight to render a decision. Their options are threefold:
- Agreement to the work: Signifying a green light for the project to proceed, with the requirement that consent is documented.
- Objection to the work: A red flag, which necessitates appointing a surveyor to establish the project’s parameters through a party wall award.
- Disregard for the notice: An unspoken dissent, triggering your right to appoint a surveyor in their stead, with a follow-up notice granting them a 10-day period to appoint their surveyor.
Your Rights and Obligations
Should your neighbour grant you their assent, you now have the right to proceed unhindered with your proposed project. However, by law, you have a duty to minimise disruption and repair any resulting damages.
Conversely, disregard or dissent from your neighbour means you can only proceed per the terms of the party wall award, which includes any financial obligations that may arise due to the undertaking.
Addressing Disputes or Hindrances
In the event that conflicts emerge, the objective should be to defuse tensions through diplomacy, leaning on professional counsel as needed. However, ongoing opposition from nearby residents may require legal recourse to protect your undertaking and interests.
Final Thoughts
The Party Wall Act of 1996 is a pivotal instrument in averting and settling disputes over construction involving shared walls or boundaries. A party wall notice that is disregarded should not impede construction progress. By following the recommendations presented here, you can effectively navigate the legal landscape, guaranteeing that the project advances without violating any legislation and upholding the integrity of your rights and property.
Do you have a property in the Kingston Upon Thames Burrough? Should you need a party wall surveyor to help resolve neighbourly issues, Simmons Taylor Hall is the foremost party wall surveyor Kingston has to offer.