A no-jargon guide to the Party Wall Act (cont/d)
Party Wall Act Process
Once you've determined the Act applies, the first thing to do is to stop work if you started all ready. Then notify your neighbours as soon as possible, because they have the right to two months notice before you can restart. Don't worry though, because you can AGREE an earlier start day with your neighbours if desired.Help you neighbours out by writing their reply letter for them. You don't want your case drifting into the dispute, simply because you neighbours didn't get round to writing you a letter back! You should consider yourself 'in dispute' if you don't hear back after 14 days. It's worth checking with your neighbours, to make sure they haven't just forgotten before going to the next stage, however.
If they do respond within 14 days, they may either consent or dissent from your works or inform you of their intent to serve a counter-notice, proposing changes to your building works. They must then serve this notice within a month. And then you must respond within 14 days, setting the process in motion again...
Copies of standard letters for serving and replying to a notice can be found at this resource.
In dispute?
If you do find yourself in dispute - ie cannot reach agreement with your neighbours - then you should attempt to agree to appoint a lone independent surveyor to assess the case, without prejudice to either party and make an Award. This will probably save YOU money, if you are proposing the works. Alternatively, both parties can appoint their own surveyors who will then appoint a third if they cannot jointly agree the Award.The Party Wall Act Award
The surveyor(s) draw up an award covering:- The work to be carried out
- When and how work will be done
- Any additional work to be done to prevent damage
- Often contains a record of the condition of the properties prior to the building work
- Allows access for the surveyor(s) to inspect the work
- Who will pay for the work
- Who will pay the surveyor's fees for drawing up and administering the Award
Page 1: Introduction and applicability
Page 3: Other rights and recourses