Faulkners Surveyors Nuneaton

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.

What to Do When Adjoining Property Owners Refuse Consent to Your Construction Works

When planning construction works, it’s important to remember that you may need to seek consent from adjoining property owners in Nuneaton. However, even if you’ve followed all the necessary steps, you may still face a situation where your neighbours refuse to grant you consent. What should you do in this scenario? This article will provide you with a comprehensive guide to your options and legal procedures.

Understanding Adjoining Owners’ Rights

Adjoining property owners in Nuneaton have certain rights when it comes to construction works that may impact their property. For example, if your construction works may affect the structural integrity, natural light or privacy of your neighbor’s property, they have the right to object to your plans. In such cases, the Party Wall Act 1996 provides a framework to protect both you and your neighbour’s interests.

If your neighbour does not consent to your proposed works, there are several options available to you. We’ve outlined some of the most common below.

Negotiate with Your Adjoining Property Owners

If your neighbours have objections to your plans, the first step is to try and negotiate with them. Often, simple misunderstandings or lack of information can be addressed through communication. For example, you might be able to make small adjustments to your plans that will reduce the impact on your neighbour’s property. Faulkners can provide you with expert advice on how to approach negotiations and help you find a mutually agreeable solution.

Follow the Party Wall Act Procedures

If negotiations fail, it’s important to follow the procedures outlined in the Party Wall Act. This involves serving your neighbours with a party wall notice, which sets out the details of your proposed works and the impact they may have on their property. You should give your neighbour at least two months’ notice before you start any works. If your neighbour still refuses to grant consent after receiving the notice, you can appoint a party wall surveyor to prepare a party wall award. This is a legal document that sets out the terms and conditions of the works, and any compensation that may be due to your neighbour.

Seek a Court Injunction

If your neighbour still refuses to grant consent or is obstructing your works, you may need to seek a court injunction. This is a legal order that can prevent your neighbour from interfering with your construction works. However, this is a last resort, and you should always try to negotiate and follow the party wall procedures first. Faulkners can recommend trusted legal advisors who specialize in construction disputes.

Advantages of Seeking Expert Advice

It’s always advisable to seek expert advice when dealing with construction disputes. Here are some of the advantages of working with Faulkners in Nuneaton:

We have extensive knowledge and experience of the Party Wall Act and other relevant legislation.
We can provide you with impartial advice and mediation services to help you reach a satisfactory agreement with your neighbor.
We can act as your party wall surveyor and prepare all the necessary legal documents, ensuring that your interests are protected.
We can recommend trusted legal advisors who specialize in construction disputes.

Conclusion

When neighbouring property owners refuse consent to your construction works, it’s important to follow the legal procedures and seek expert advice. With Faulkners in Nuneaton, you can ensure that your interests are protected, and you can navigate the complex legal procedures with ease. Don’t let disputes with your neighbors hold up your construction projects