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.
As a property owner, you have a right to protect your property and interests when your neighbour in Reading decides to undertake construction work. One way of safeguarding your property is by serving a Party Wall Notice to your neighbour in Reading, informing them of your intentions and giving them an opportunity to respond.
But what happens when work has already commenced without a Party Wall Notice or Award being served? In this article, we will explore your rights and what you can do to protect your property and interests.
Are you looking to do any building work such as demolition, removal of a chimney, loft conversions or excavation? The agreement is between adjoining owner and building owner. For all information around the party wall process speak to an agreed surveyor today!
Faulkners have years of experience of the party wall process. We can offer professional advice to you today!
A Party Wall Notice is a legal document that is served to a neighbour whose property shares a boundary with yours. It informs them of your intentions to undertake construction work that could affect their property.
The notice should detail the nature and extent of the proposed work, including the dates and times of the work.
Upon receiving the notice, the neighbour has a period of 14 days to respond. They can either give their consent, object to the work, or remain silent. If they object, the matter is considered a dispute and a Party Wall Award is required to resolve the matter. The Award is a legal document that sets out the rights and obligations of both parties, including the payment of compensation, if any.
If work has already commenced without a Party Wall Notice being served, you still have rights as a property owner in Reading. However, the options available to you may depend on the nature and extent of the work and whether it is causing damage to your property. Here are some of your options:
You can still serve a Party Wall Notice even if work has already commenced. The notice should detail the nature and extent of the work and give the neighbor a period of 14 days to respond. If the neighbor objects, you will need to appoint a Party Wall Surveyor to prepare a Party Wall Award. The surveyor will work with your neighbour’s surveyor in Reading to agree on the terms of the award.
You can attempt to negotiate with your neighbor to stop the work until a Party Wall Notice is served. Alternatively, you can negotiate the terms of the work and agree on compensation if necessary.
If negotiations fail, you may need to seek legal advice. An experienced Party Wall Surveyor can assist you in resolving the matter, including preparing a Party Wall Award if necessary.
Serving a Party Wall Notice can provide you with the following advantages:
By serving a Party Wall Notice, you can protect your property from damage caused by the neighboring construction work.
Serving a Party Wall Notice can help to avoid disputes and misunderstandings between you and your neighbor.
The Party Wall Award sets out the terms of the work, including the payment of compensation if necessary, reducing the likelihood of future disputes.
The Party Wall etc. Act 1996 is a vital framework in England and Wales, designed to address disputes between owners of adjoining properties. It applies to homeowners, commercial properties, and local authorities when they carry out work on or near a shared wall, also known as a party wall, party structure, or party fence wall. The Act also covers structures like chimney breasts, garden walls, and occasionally wooden fences.
Before starting work, such as on a new building or changes to a terraced house, planning permission might not be enough. Serving a notice under the Party Wall etc. Act ensures both you and your neighbouring owner know the proposed work. Each party can appoint their own surveyor, or agree to a single surveyor. If disagreements arise, a third surveyor steps in to resolve the matter. A schedule of condition is often documented to avoid disputes over property damage.
For over years of experience, party wall experts regulated by RICS (Royal Institution of Chartered Surveyors) help maintain positive relationships between neighbours. Should serious disputes occur, options like an injunction may be taken as a course of action.
Experts in England and Wales guide homeowners via email or direct support, ensuring adherence to the Act and smooth resolutions.
As a property owner, you have a right to protect your property and interests when your neighbour decides to undertake construction work. If work has already commenced without a Party Wall Agreement Reading or Award being served, you still have rights, including the option of serving a Party Wall Notice.
Negotiating with your neighbour, or seeking legal advice. Serving a Party Wall Agreement Reading can provide you with numerous advantages, including protecting your property in Reading, avoiding disputes, and setting out the terms of the work.
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