2) Accept the work and request a timetable for the implementation of the condition. This report serves as evidence of changes or damages. It keeps an accurate record of any defects found in the structure or boundaries of the adjacent owner, so that after completion of the work, any damage caused can be compared to the original condition of the property to ensure that it was not already there. The wall of the party, etc. The 1996 Act applies only to England and Wales. Scotland and Northern Ireland rely on common law rather than laws to settle disputes over the party wall. Neighboring owners can negotiate to continue the work – and access can be enforced by the courts if necessary. Only the condition of the adjacent owner`s property is recorded (if the builder damages his own property, this is his point of view). The only scenario in which surveyors would need access to the builder`s property would be if there was a portion of the adjacent owner`s property, like. B, a side wall that could only be inspected on the manufacturer`s side. Should you have a condition plan made? If you have received a Partywall notification and would like advice on how to respond, or if you would like us to create a condition plan for you, please contact us.
Find out everything you need to know, from compliance with the law to compliance with the law to publishing a written notice and how to find a surveyor, with our practical guide to party wall agreements. Once agreed, the timing of the condition will be part of the Party Wall Award. Nowadays, surveyors usually do not add photos, printed or on a hard drive, as they are only needed in the event of a dispute over the cause of the damage and can be recovered from the surveyors` files at that time. If the construction work affects a party structure, you must cancel at least two months before the start of the work. In the case of searches, you must give at least one month`s notice. Work can begin as soon as an agreement has been reached. Obviously, the first consent option is explicit, and so in this blog post we will discuss the second option, which is to accept the work and ask for a state plan. The schedule is mainly a written recording, that is, a description of cracks, etc., supported by a series of photos. You may be wondering why written recording is necessary (a photo is worth 1000 words), but photos of cracks out of context take a long time when you try to find a certain error at the end of the work. In addition, cameras (especially phone cameras) have only recently been able to take photos with enough detail to show cracks in the hairline. They can write to you and issue a counter-notification, request certain changes to the work, or set conditions such as working hours. If you reach an agreement, record the conditions in writing and exchange letters, the work can begin.
A party wall agreement that falls under the Party Wall Act includes common walls between semi-detached houses and terraced houses, or structures such as floors between apartments or maisonettes, as well as the perimeter walls of gardens. In addition to changes that directly affect structures, the effects of excavations within 3 to 6 meters of the boundary may be covered by law if it is assumed that the foundations are likely to have an impact (depending on the depth). In other words, if you`re doing structural work on a wall you share with your neighbors, you`ll need a party wall agreement. The state plan is included in a Party Wall Award, a document created by the surveyor. In this document, the architect and the builder`s contractor will describe their methods and drawings to show how the work will be done safely to mitigate the losses suffered by the adjacent owner`s property. If you can`t reach an agreement, you`ll need to appoint a surveyor to organize a party wall price that will determine the details of the work. Hopefully, your neighbor will agree to use the same surveyor as you – an “agreed surveyor,” so only one set of fees will be incurred. However, your neighbour has the right to appoint your own assessor at your own expense. You can use this HomeOwners Alliance party wall template template to send it to your neighbors.
Your neighbors can claim compensation if they can prove that they suffered damage as a result of the work, and this may even require the work to be removed. The same applies if you have a party wall agreement with your neighbors, but do not respect the agreed terms. The next step in the party wall process after the appointment of the surveyors (or an agreed surveyor) is to record the condition of the adjacent owner`s property; is called a condition plan. This is not part of the formal process as it is not mentioned anywhere in the law, but it is done regularly and could prove invaluable in the event of a dispute over the cause of the damage reported. The condition plan will be reviewed at the end of the work to ensure that no damage has occurred and, if so, to help restore the owner`s property adjacent to its previous condition or compensate the adjacent owner accordingly. This first part of the party wall process consists of the owner of the building informing his neighbor of his suggestions and, if necessary, obtaining his consent. The normal protocol is that notes and photos are shaded by the surveyor acting for the builder (or obviously by the agreed surveyor) while it is shaded by the surveyor of the adjacent owner – after the inspection, a draft of the schedule is sent to the surveyor of the adjacent owner, who, after being present at the check-in, will be able to: to comment and accept this. Since no list of conditions is mentioned in the law, there is no indication of their scope. It is therefore up to the designated surveyors, with their considerable construction experience, to decide what can be hoped for. As a general rule, if the work is relatively minor, such as a simple extension or loft conversion, all areas within a radius of 3.00 m around the proposed work would be covered.
If the work presents a particularly high risk, such as.B. Excavation or justification of the subsoil, this distance would probably be extended to 6.00 m. If they refuse or do not respond, you will be considered contested; In this case, you can contact the owner and try to negotiate an agreement. In our professional opinion, homeowners are well advised to ask for a condition plan if they want to accept the work. The cost of a self-contained report is usually around £200 plus VAT and is usually paid by the owner who wants to get the job done. Your neighbor has 14 days to respond and give consent or request a settlement on the party wall. If they accept the job in writing, you don`t need a party wall agreement and this can save the fees, which are usually £700 to £900 per neighbour. So it`s worth contacting your neighbors first to discuss your suggestions and try to resolve issues in advance, or at least make sure they receive the notification and respond within 14 days, because if they don`t, they`re considered contentious and you`ll need to hire a surveyor anyway. whether they agree with the works or not.
While breaking the law is not a criminal offense, your neighbors can file a civil action against you and have an injunction issued to stop the work until a party wall agreement is agreed. This delays your project and probably increases your costs – your builder may claim compensation for the time they can`t work, or start another job and not come back for several months. The aim is to give a complete and accurate overview of the condition of the neighbouring property before construction begins. As a result, it is much easier to determine if damage occurred during the construction phase, so surveyors only have to determine if the development work caused the damage and not if the damage ever existed. The first point you should be aware of when you have received a party wall notice from your neighbor is to understand that even if you accept the work, you still have the protection of the 1996 Law on the Party Wall etc. in case the neighboring factories cause damage to your property. .