If you’ve found a letter from your neighbour outlining work under the Party Wall etc. Act 1996, you’re probably wondering what to do next. Whether you’re just trying to understand your rights or have concerns about the proposed work, it’s important to act wisely and know what your options are.
What Does the Notice Mean?
When you receive a Party Structure Notice, you are considered the ‘Adjoining Owner’, while your neighbour is the ‘Building Owner’. This notice informs you that your neighbour intends to carry out construction work that could impact a shared wall or boundary.
The Party Wall etc. Act 1996 governs these situations, but you don’t have to go it alone.
Your Options:
- Do Nothing
You can ignore the notice, but this can lead to complications later on. It may be worth getting professional advice first. - Agree to the Work
Signing the Acknowledgement letter seems easy, but this gives your neighbour the green light to proceed with no formal checks on how the work might affect you. This is typically best for straightforward, low-impact projects. - Dissent or Disagree
If you’re not happy with the proposed work, you can formally dissent. This kicks off a legal dispute, which can involve the appointment of surveyors.
Don’t Just Sign – Check for Errors!
Party Wall notices can sometimes be flawed. If there are technical errors in the notice, your neighbour cannot legally start the work. Don’t just sign the letter — ensure the notice is valid, or the work might be delayed until the paperwork is corrected.
Conditions and Amendments
If you agree with the work but want some conditions, such as improvements to the shared wall or a condition survey to protect your property, you can serve a ‘Counter-notice’. You might need to contribute financially if the changes benefit your property.
Dissenting: What Does It Mean?
You can formally object to the proposed work by dissenting, but this doesn’t stop the work — it just delays it. You’ll likely need to appoint a Party Wall Surveyor to mediate. In most cases, the Building Owner covers the costs, though in rare situations, you might need to share them.
Ignoring the Notice: Not a Good Idea
If you ignore the notice, it automatically becomes a dissent. While this might seem like an easy option, it doesn’t work in your favour and could lead to further complications down the line.
What About an Agreed Surveyor?
For straightforward projects, an agreed surveyor might be the best option. However, for complex projects, such as deep excavations or significant structural changes, it’s better to appoint separate surveyors to ensure that your interests are fully protected.
The Friendly Approach – Don’t Be Pressured
While it’s nice to have a neighbourly chat about the work, don’t feel pressured to sign anything on the spot. Any official notice must be left with you, giving you time to consider your options and seek professional advice.
Get the Support You Need
Whether you’re considering agreeing to the works or need help understanding the legalities, it’s essential to seek advice from qualified professionals. If you’re unsure about the process or need expert guidance, get in touch with us today!
For expert advice, contact us at team@simplesurvey.co.uk. Let’s navigate the Party Wall Act together and ensure your rights are protected!