Once you’ve determined that a Party Wall Agreement is necessary, the next step is to serve a Party Wall notice to your neighbours. This formal notice must be given to anyone whose property could be affected by the planned works.
Here’s how it works:
- Creating the Notice: A notice is usually drafted by your architect or a surveyor. It should detail:
- The nature of the work being done (e.g., a single-storey extension, drop curb, landscaping).
- The expected timeline for the works.
- A request for the neighbour’s consent.
- Giving the Notice: You then present the notice to the neighbour along with a consent form. This gives the neighbour 14 days to respond. If the neighbour agrees, they simply sign and return the form.
- If They Don’t Agree: If your neighbour refuses to sign, or if they do not respond, they have the right to hire their own surveyor. In this case, you’ll both need to appoint an agreed surveyor (someone who works for both parties to resolve disputes). In some cases, you may need separate surveyors, but the agreed surveyor can help speed up the process. An Award will then be agreed.
The Award: What It Includes
The surveyor drafts a Party Wall Award, which is a formal document outlining:
- The nature of the work.
- Precautions to be taken to prevent damage to the neighbouring property.
- Hours and days work can take place (to minimise noise disturbance).
- How access to the neighbouring property will be handled (for scaffolding, etc.).
- Who is responsible for covering costs, including damage to the neighbour’s property or their loss of access.
Best Practices: Being a Good Neighbour
It’s always best to approach Party Wall Agreements with transparency and good communication. Even if the legal framework requires it, showing consideration for your neighbours can help make the process smoother.
Here are some tips:
- Start early: Begin the process of serving notices well in advance of the planned work to allow ample time for negotiations and paperwork.
- Be clear about the work: Ensure your neighbours understand exactly what the work involves, how it will affect them, and how you plan to minimise disruptions.
Conclusion: Don’t Ignore the Party Wall Act
Party Wall Agreements may seem like a hassle at first glance, but they serve an essential purpose in protecting both homeowners and neighbours. Whether you’re adding an extension, excavating, or making structural changes, understanding when a Party Wall Agreement is necessary and following the correct process will ensure that your project moves forward without unnecessary delays or disputes.
Failing to serve the notice or get the right agreement in place can lead to costly fines, work stoppages, and strained relationships with neighbours. So, if you’re planning to make changes to your property, it’s always best to get the legalities sorted early on—trust us, it’s worth it!
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