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 informs the adjoining owner of the proposed construction work and how it may affect their property. The adjoining owner has a period of 14 days to respond to the notice.
If they do not respond within the 14-day period, they are deemed to have dissented, and a dispute is created.
Our Shirley Surveyors, located in the West Midlands, are experts in handling a wide range of property requirements, including party wall matters and property surveys. With extensive experience in the protocol of the party wall acts, they ensure compliance with the provisions of the Act, assisting both neighbouring property owners and developers with party wall surveys and schedules of condition during building works.
The team comprises independent chartered surveyors and qualified chartered surveyors, offering services that cover everything from full building surveys and recording of condition to resolving boundary disputes and addressing commercial property issues. For clients embarking on a property purchase, their professional survey report helps identify significant defects, enabling an informed final decision on the purchase price of a new home or freehold building. They are also experts in property valuations, conducting building reinstatement valuations and assisting with commercial buildings and larger commercial developments.
Shirley Surveyors also manage specific cases, including single fault assessments in typical domestic property scenarios, and they act as an expert witness when required. Their user-friendly services, accessible through online sections of the website, include resources like the latest monthly property newsletter and an enquiry desk for client support—even on bank holidays.
From home surveys to consultations with joint surveyors, their mission is to deliver quality advice and provide the best user experience, ensuring every type of property and scenario in the surrounding area is handled with diligence and professionalism.
If the adjoining owner does not reply to your Party Wall Notice within 14 days, you have several options:
You can send a reminder to the adjoining owner, requesting them to respond to the Party Wall Notice. This may be sufficient to prompt a response.
If the adjoining owner still does not respond, you can appoint a Party Wall Surveyor on their behalf. The surveyor will act as an impartial party and ensure that their interests are protected.
If the adjoining owner does not respond to the Party Wall Notice or appoint a surveyor within 14 days, you can proceed with the construction work. However, it is important to note that you may still be liable for any damage caused to their property.
While it may be tempting to proceed with the construction work if the adjoining owner does not respond to the Party Wall Notice, there are several advantages to waiting for a response:
By waiting for a response to your Party Wall Notice, you can avoid disputes and misunderstandings with the adjoining owner.
Waiting for a response to your Party Wall Notice can protect your interests and ensure that any damage caused by your construction work is properly addressed.
By following the legal requirements of serving a Party Wall Notice and waiting for a response, you are complying with the law and avoiding any potential legal action.
Conclusion
In conclusion, if the adjoining owner does not respond to your Party Wall Notice within 14 days, you have several options available to you. You can send a reminder, appoint a surveyor on their behalf, or proceed with the construction work.
However, it is crucial to wait for a response to protect your interests and avoid any potential disputes or legal action. At Faulkners, located in Shirley, our experienced Party Wall Agreement Shirley can assist you in serving Party Wall Notices, resolving disputes, and protecting your interests during construction work.
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