Faulkners Surveyors Stevenage

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.

Understanding Party Wall Notices with Planning Permission

Planning permission is essential for any construction work that involves alterations or extensions to a property in Stevenage. However, planning permission is not the only legal requirement that you need to comply with before starting construction work. You may also need to serve a Party Wall Notice, even if you have planning permission for your construction work in Stevenage. In this article, we will discuss the legal requirements and benefits of serving a Party Wall Notice.

What is a Party Wall Notice?

A Party Wall Notice is a legal document that you must serve on your neighbouring property owner(s) before starting any construction work that may affect the shared wall(s), boundary or structure. The notice should include details of the proposed work, the expected start date and the duration of the work. The purpose of the notice is to inform your neighbour(s) of the work you intend to carry out and to give them the opportunity to appoint a surveyor to protect their interests.

Do You Need to Serve a Party Wall Notice if You Have Planning Permission?

The simple answer is yes, you may still need to serve a Party Wall Notice even if you have planning permission for your construction work. Planning permission and Party Wall matters are two separate issues and require different legal processes. Planning permission is granted by the local authority and ensures that your proposed work complies with the planning regulations. The Party Wall etc. Act 1996 establishes procedures for resolving disputes between neighbours over party walls, boundary walls, and excavations close to adjacent buildings by requiring the serving of a Party Wall Notice.

When Do You Need to Serve a Party Wall Notice?

You need to serve a Party Wall Notice if you intend to undertake any of the following construction work that may affect the shared wall(s), boundary or structure Stevenage:

Work on an existing party wall or boundary wall
Excavation within three to six meters of a neighbouring building, depending on the depth of the excavation
Building a new wall on the boundary line
Any other work that may affect the structural integrity of the shared wall(s), boundary or structure

What Happens If You Don’t Serve a Party Wall Notice?

If you don’t serve a Party Wall Notice before starting construction work that may affect the shared wall(s), boundary or structure in Stevenage, you may be in breach of the Party Wall etc. Act 1996. Your neighbour(s) may take legal action against you, which can be costly and time-consuming. They may also seek an injunction to stop the work until you serve the notice.

Advantages of Serving a Party Wall Notice

Serving a Party Wall Notice has several advantages, including:

Avoiding legal disputes with your neighbour(s)
Protecting your interests and those of your neighbour(s) during the construction work
Ensuring that the construction work complies with the Party Wall etc. Act 1996
Minimising the risk of damage to your property or your neighbour(s) property during the construction work

Conclusion

Having planning permission for your construction work does not negate the legal requirement to serve a Party Wall Notice. Serving a Party Wall Notice is necessary to protect your interests and those of your neighbour(s) during the construction work. Failure to comply with the legal requirements may result in legal disputes, which can be costly and time-consuming. Faulkners Stevenage provides expert guidance and advice on Party Wall matters to help you navigate through the legal process.