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.
When it comes to party wall matters, serving a party wall notice is a crucial step in ensuring that your building project complies with the Party Wall etc. Act 1996. As an adjoining owner in York, receiving a party wall notice can be overwhelming, especially if you’re unfamiliar with the process. However, it’s important to know that there are different responses you can make to a party wall notice.
In this article, we will discuss the various responses to a party wall notice that you may encounter as an adjoining owner in York.
The first response to a party wall notice is consent. If you’re satisfied with the works proposed in the party wall notice, you can give your consent to proceed with the works. It’s important to note that you must provide written consent within 14 days of receiving the party wall notice.
If you’re not happy with the proposed works in the party wall notice, you have the option to dissent. By dissenting, you’re requesting the appointment of a party wall surveyor, who will prepare a party wall award to resolve the dispute.
Another response to a party wall notice is a counter-notice. If you’re a building owner, and you receive a counter-notice from an adjoining owner, this means they’re requesting additional works to be carried out or proposing alternative methods to the proposed works in York. If the building owner agrees to the counter-notice, they must serve an amended party wall notice to include the additional works or alternative methods.
If you fail to respond to a party wall notice within 14 days, you’ll be deemed to have dissented. This means that a dispute has arisen, and the building owner will have to appoint a party wall surveyor to resolve the matter.
Serving a party wall notice is an essential step in ensuring that building works comply with the Party Wall etc. Act 1996. As an adjoining owner, understanding the different responses to a party wall notice is crucial in protecting your rights and interests. It’s recommended that you seek professional advice from a party wall surveyor to ensure that you’re aware of your rights and responsibilities under the Party Wall etc. Act 1996.
At Faulkners in York, our team of experienced party wall surveyors can assist you with all aspects of party wall matters. Contact us today to schedule a consultation.
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