Faulkners Surveyors Reigate

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 are Your Rights if Construction Works Commenced Without a Party Wall Notice or Award?

As a property owner, it is essential to protect your property and interests when your neighbour in Reigate decides to undertake construction work. One way of safeguarding your property is by serving a Party Wall Notice to your neighbour in Reigate, 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.

Understanding Party Wall Notice and Award

A Party Wall Notice is a legal document that property owners serve to their neighbour whose property shares a boundary with theirs. It informs them of the intended construction work and how it may affect their property. Upon receiving the notice, the neighbour in Reigate has a period of 14 days to respond, either by consenting to the work, objecting to the work or remaining silent.

If the neighbour objects, a dispute is created, and a Party Wall Award is necessary to resolve the matter. The Party Wall Award is a legal document that sets out the rights and obligations of both parties, including the payment of compensation if necessary.

Your Rights as a Property Owner if Works Commenced Without a Party Wall Notice or Award

If your neighbour in Reigate has already started the construction work without a Party Wall Notice being served, you still have rights as a property owner. However, the available options 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 Retroactive Party Wall Notice

You can serve a Retroactive 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 neighbor’s surveyor to agree on the terms of the award.

Negotiate with Your Neighbour

You can attempt to negotiate with your neighbour 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 numerous advantages, including:

Protecting your Property

Serving a Party Wall Notice can protect your property from damage caused by neighboring construction work.

Avoiding Disputes

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

Setting 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

In conclusion, if your neighbour has started construction work without a Party Wall Notice being served, you still have rights as a property owner. You can serve a Retroactive Party Wall Notice, negotiate with your neighbour, or seek legal advice. Serving a Party Wall Notice can provide you with numerous advantages, including protecting your property, avoiding disputes, and setting out the terms of the work. At Faulkners, located in Reigate, our experienced Party Wall Surveyors can assist you in resolving Party Wall disputes and protecting your