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.
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.
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:
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.
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.
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 numerous advantages, including:
Serving a Party Wall Notice can protect your property from damage caused by neighboring construction work.
Serving a Party Wall Notice can help 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.
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