If you are undertaking work that impacts a wall, property or structure that is either shared between you and your neighbour or is within close proximity of their property, then a Party Wall Agreement will need to be put in place.
Prior to beginning the work, you are required by law to inform your neighbour of the work that you will be carrying out and how it might impact them. It is at this point that they can either choose to give their consent or refuse consent, either way, how do you deal with your neighbours throughout the process?
When to inform them
Minimum of two months notice
You should give your neighbours a minimum of two months notice that you have plans to start building works. At this point, you could also speak with your neighbour to inform them of the work before you give them notice in writing. This way, they will have prior warning of the works and you might even have the opportunity to discuss the work.
Party structure notice
So, regardless of whether you have spoken with them or not, you will need to serve them with a party structure notice. Within this, you will inform them of the proposed works and the impact they could have on their property.
Furthermore, it will also contain the date of when you intend to start the works. This will be accompanied by a letter that they can sign if they are content for the works to take place. It will also inform them that if they are not content that you will be ‘in dispute’ under the Act. The letter will then include additional details about agreeing to appoint an agreed surveyor should there be any dispute.
What happens if your neighbour doesn’t provide their consent?
Your neighbour should inform you within 14 days in writing if they consent while any counter-notice from you should also be provided within 14 days. However, a counter-notice must be served no later than a month after receiving the first notice. Should your neighbour refuse consent then this will begin the dispute resolution process.
At this point, you should appoint a surveyor together or agree to appoint your own. The surveyors will then agree on a party wall award which is a legal document. This will detail what work should happen, the process and when it will take place while it will also detail who will pay for which part and how much will be paid. If an agreement cannot be made with the award, then an appeal can be launched at a county court within 14 days of receiving it.
Deal with the process amicably where possible
In most instances, agreeing on the work to take place is not an issue. Therefore, it makes sense to ensure that you follow the correct processes out of respect for your neighbour and where possible, speak to them in person to inform them of the work. Even if they raise a dispute, their reasons could be genuine, so follow the process and remain professional throughout as that is likely to result in a favourable outcome.
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