A party wall notice must be given to your neighbours to provide them with notice of the works you intend to carry out to the party wall in question. This must be given between two months and a year in advance of the work commencing. While you don’t need planning permission to serve a party wall notice, it is a good idea to do this as soon as possible to avoid delays. It is usually best to speak to your neighbours in person first before serving a written notice to help reassure them that you are taking the proper precautions. However, sometimes you may find yourself in a situation where your neighbour doesn’t agree to the party wall notice, what happens next?
If you have given a party wall notice to which your neighbour dissents, both the homeowner and the neighbour can appoint one agreed surveyor, typically within ten days, who can act impartially for both. The agreed surveyor needs to be independent and not the same surveyor the homeowner might be using for their own work.
The agreed surveyor will then produce a ‘Party Wall Award’. This will detail the works proposed and a schedule of conditions, with pictures of the neighbour's home. The homeowner who is carrying out the building works is the one responsible for paying for the surveyor to complete a party wall award. These rates are usually between £150 and £200 per hour and a party wall award can cost around £1000.00.
You shouldn’t let a Party Wall Notice lead to a troubled relationship between you and your neighbour. It never ends well when there are issues and tensions between someone you live so close to. As mentioned previously, try to arrange a friendly chat with your neighbours before posting a Party Wall Notice through their letterbox. This will give you time to sit down, have a cup of tea and understand the position of your neighbour. You can show sketches and explain the planned works, explaining that a formal notice will be sent later.
You can expect your neighbour to ask for the contact details of your surveyor and/or building company to seek further information and reassurance. A Party Wall dispute doesn’t have to be the end of your building plans. You might simply have to spend a bit more time trying to make sure everyone is happy.
For advice and support with your
party wall disputes or for other party wall services,
contact Simon Levy today.