Faulkners Surveyors Tonbridge

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.

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When is it Necessary to Serve a Party Wall Notice? Faulkners Tonbridge

Undertaking construction work can be a complex and time-consuming process that requires careful planning and preparation. One of the legal requirements that you need to comply with before starting construction work in Tonbridge is serving a Party Wall Notice. In this article, we will discuss the circumstances that require a Party Wall Notice and the benefits of compliance with the law.

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 in Tonbridge. 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.

When is it Necessary 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:

  • 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

If you are unsure whether your proposed work requires a Party Wall Notice, it is recommended that you consult with a Party Wall Surveyor to assess the situation and provide expert guidance.

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, 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

How to Serve a Party Wall Notice?

To serve a Party Wall Notice, you should follow these steps:

  1. Identify the neighbouring property owner(s) that may be affected by the proposed construction work
  2. Prepare a Party Wall Notice that includes details of the proposed work, the expected start date and the duration of the work
  3. Serve the notice to the neighbouring property owner(s) in writing, either in person or by registered post
  4. Allow at least two months for the neighbouring property owner(s) to respond to the notice
  5. If the neighbouring property owner(s) dissent to the proposed work, you will need to appoint a surveyor to prepare a Party Wall Award
Conclusion

Serving a Party Wall Notice is a legal requirement for construction work that may affect the shared wall(s), boundary or structure in Tonbridge. Compliance with the law can help you avoid legal disputes with your neighbour(s) and protect your interests and those of your neighbour(s) during the construction work. Faulkners Tonbridge