Faulkners Surveyors Reading

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.

Party Wall Notice: Understanding Your Rights as a Property Owner

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.

What is a Party Wall Notice and Award?

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.

What are your rights if work has commenced without a Party Wall Notice or Award being served?

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:

Serve a Party Wall Notice

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.

Negotiate with your neighbour

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.

Seek legal advice

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.

Advantages of serving a Party Wall Notice

Serving a Party Wall Notice can provide you with the following advantages:

Protects your property

By serving a Party Wall Notice, you can protect your property from damage caused by the neighboring construction work.

Avoids disputes

Serving a Party Wall Notice can help to avoid disputes and misunderstandings between you and your neighbor.

Sets out the terms of the work

The Party Wall Award sets out the terms of the work, including the payment of compensation if necessary, reducing the likelihood of future disputes.

Conclusion

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 Notice 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 Notice can provide you with numerous advantages, including protecting your property in Reading, avoiding disputes, and setting out the terms of the work.