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Impartial Party Wall Advice

Aug 31, 2021

Welcome to today’s blog post, we hope that you find this useful. You may have clicked on this as you have recently received a letter from us in relation to your neighbours planned works and the aim of this blog is to explain why.

Why have we written to you?

If you have received a letter from us here at Stokemont, we have written to you because we have looked through numerous planning portals of the different boroughs of London.

By looking through the planning portals we have identified that your neighbour is planning to carry out construction works which may be notifiable under the Party Wall Etc. Act 1996.

The purpose of the letter which we have sent to you is to inform you of your neighbours proposed works and to make you aware of your rights under the Act.

We hope that by sending you this letter it will ensure that your neighbour serves you with a Party Wall Notice so that the correct procedures are in place.

Who are we?

Here at Stokemont we specialise in Party Wall Surveying and our team are highly experienced and qualified.

The party wall procedures may seem daunting at times, but we are available to offer assistance and guidance through the procedures.

What can we do?

In order to encourage your neighbour to serve you with a Party Wall notice we would be happy to write to your neighbour (free of charge) on your behalf to gently remind them that they are required to serve notice before they commence with their construction works.

After we have written to them, and they have served you with a Party Wall notice we would then be able to provide you with further assistance.

Once you have been served the Party Wall notice you would be able to forward this onto our team of experienced party wall surveyors. Our experienced team would then look through the notice to identify and inform you of any potential risks to your property.

If you believe that there is little risk to your property and are happy to consent to your neighbours works, we would still be able to carry out a Schedule of Condition of your property to ensure that you are protected if any damage did occur to your property as a result of your neighbours works.

If you are at all concerned about your neighbours works then you can dissent to the works and either appoint an Agreed Surveyor or have a two-surveyor appointment. We would be more than happy to act as either the Agreed Surveyor or act on your behalf.

It is important to note that under the Act. The costs for all the procedures are covered by the building owner who is undertaking the construction works.

The standpoint in the Act. Is that it would be unreasonable for the adjoining owner to be liable for the fees of a surveyor to protect themselves against works that are of no benefit to them.

So, what works fall under the Party Wall Etc. Act 1996?

There are a variety of different works which are notifiable under the Act.

Section 1 of the act relates to ‘New building on the line of junction’.

This includes if a building owner wishes to build a party wall or party fence wall on the line of junction or whether a building owner wishes to build a wall entirely on his own land up to the line of junction.

For works that fall under section 1, the building owner is required to serve all adjoining owners with a party wall notice at least 1 month before he intends to carry out the works.

Section 2 of the Act refers to ‘Repair etc. of party wall’.

Works that fall under this section are wide ranging and the building owner must serve a party wall notice to all affected adjoining owners 2 months before the commencement of the works.

The works include cutting into a party structure for any purpose which may include the insertion of beams or the insertion of a damp proof course.

Furthermore, the works could include cutting away from the party wall for example the removal of a chimney breast.

Section 6 of the Act relates to ‘Adjacent excavation and construction’.

For works that fall under section 6, the building owner is required to serve notice to all adjoining owners at least 1 month prior to the date in which they intend to start the works.

Works that fall under this section include excavations taking place within 3m of any neighbouring structure. They also include excavations that take place within 6m of any neighbouring property.

We understand that this letter you have received may be a cause of concern. However, please feel free to give us a call as we would be happy to further discuss the Party Wall procedures with you.

If it looks like your neighbour is about to undertake their construction works and you have not been served a Party Wall Notice, please do not hesitate to give our team either an email or a call by clicking here.