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.
If you’re an adjoining owner, the Party Wall etc. Act 1996 requires that you be notified if your neighbour in Maidstone is planning to carry out any work that could potentially affect the shared wall or structure between your properties in Maidstone. This notice gives you the opportunity to agree or disagree with the proposed work and can help to prevent disputes from arising in the future.
However, what happens if you don’t respond to the Party Wall notice within the specified timeframe? In this article, we’ll explore the potential consequences of failing to reply within 14 days and what you can do if you find yourself in this situation.
Before we delve into what happens if you don’t reply to a Party Wall notice, let’s first clarify what it is. A Party Wall notice is a written document that your neighbor is required to serve on you if they plan to carry out work that falls under the remit of the Party Wall etc. Act 1996. The notice should outline the nature and scope of the work being proposed and provide a deadline for you to respond.
If you don’t respond to a Party Wall notice within 14 days, your neighbor may then be entitled to appoint a surveyor on your behalf. This surveyor will act as an “agreed surveyor” and will have the power to make decisions on your behalf regarding the proposed work.
Alternatively, your neighbor may choose to appoint their own surveyor and a third surveyor to act as an impartial third party. These surveyors will then work together to create a Party Wall Award, which is a legally binding document that outlines the details of the proposed work and the obligations of all parties involved.
If you receive a Party Wall notice and don’t respond within the specified timeframe, it’s important to act quickly. Ideally, you should try to respond as soon as possible and make your intentions clear.
However, if it’s been more than 14 days since you received the notice and you haven’t yet responded, you may still be able to appoint your own surveyor. This surveyor will work independently to protect your interests and ensure that any work carried out is in accordance with the Party Wall etc. Act 1996.
In summary, failing to respond to a Party Wall notice within 14 days can result in your neighbour in Maidstone appointing a surveyor on your behalf or proceeding with the work without your consent. However, you may still have the option to appoint your own surveyor, so it’s important to act quickly if you find yourself in this situation.
If you’re unsure about your rights and obligations under the Party Wall etc. Act 1996, it’s always best to seek the advice of a qualified surveyor. At Faulkners Surveyors, we have a team of experienced and knowledgeable surveyors who can provide you with the guidance and support you need. Contact us today in Maidstone for more information.
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