If you’re planning to undertake construction work on a shared boundary with your neighbour, you might need a party wall agreement.
It’s a legal document that outlines the responsibilities and rights of both parties involved in the construction process.
Construction works often require approval from multiple parties, including local councils, planning departments, and adjoining owners. Adjoining owners are the owners of properties neighbouring the construction site in Nottingham. They have the right to be notified and given a chance to consent or object to the proposed works.
However, what happens if the adjoining owners do not consent to the works? This article will explore the legal options available to property owners in such situations.
Adjoining owners have the right to object to any construction works in Nottingham that may affect their property’s structural integrity, privacy, or natural light. The Party Wall Act 1996 governs the procedures that must be followed when building on or near the boundary line of adjoining properties. The act ensures that both the property owner and the adjoining owners are protected during construction works.
If the adjoining owners do not give their consent, the property owner can still proceed with the works but must follow the act’s procedures. This involves serving a party wall notice to the adjoining owners, outlining the proposed works and their impact on their property.
It’s best to try to negotiate with the adjoining owners and address their concerns. Understanding their objections and making changes to the plans can lead to a mutually beneficial agreement. Faulkners can provide professional advice and mediation services to help reach an agreement that works for both parties in Nottingham.
If negotiations fail, the property owner can apply for a party wall award. This is a legal document that outlines the works to be carried out and the compensation payable to the adjoining owners in Nottingham. The award can only be made by a party wall surveyor who acts as a neutral third party. Faulkners has expert party wall surveyors in Nottingham who can prepare the award and guide you through the process.
If the adjoining owners continue to refuse consent or do not respond to the party wall notice, the property owner may need to seek legal action. This can involve applying for an injunction to prevent the adjoining owners from obstructing the works or pursuing a claim for damages if the works are delayed or disrupted. Faulkners can recommend trusted legal advisors who specialize in construction disputes.
It’s crucial to ensure that all parties are aware of their rights and responsibilities when it comes to construction works. Faulkners can provide expert advice and services to ensure that the process runs smoothly, even when adjoining owners refuse consent. Don’t let objections from adjoining owners prevent you from achieving your construction goals. Contact Faulkners in Nottingham today for professional guidance and support.
Party wall agreements
Local party wall surveyor
Party wall notice
Party wall disputes
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