WARE
THE PARTY WALL PEOPLE
We can help you with the Party Wall Etc. Act 1996 if you are in Ware or the surrounding area. We prepare and serve party wall notices, we undertake schedules of condition and if required, produce and serve party wall awards (party wall agreements).
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We are members of the Faculty of Party Wall Surveyors (FPWS) and the Chartered Association of Building Engineers (CABE)
The Party Wall People are based in Chelmsford, Essex and travel to client’s premises all over the southeast of England.
If you have any questions about the party wall act, please feel free to contact us for a free, no obligation discussion.
If you are in Ware and wondering how to comply with the Party Wall etc. Act 1996 as a building owner, you should follow these key steps:
Serve Notice
Serve a Party Wall Notice to all affected adjoining owners. This notice should be served before the intended start date for the proposed building works.
Describe the Work
Clearly outline the nature and details of the proposed building works in the notice. This includes any work on the party wall, excavation close to neighboring properties, or other activities covered by the Act.
Wait for a Response
Wait for the adjoining owners to respond to the notice. They can either consent, dissent (raise concerns), or do nothing. If there's no response after 14 days, a deemed dispute is considered to have arisen.
Negotiate and Reach Agreement
Engage in open communication with the adjoining owner(s). Try to reach an amicable agreement regarding the proposed works. This may involve discussions, adjustments to the plans, or addressing concerns raised.
Appoint Surveyors
If an agreement cannot be reached, appoint a surveyor to prepare a party wall award or, a single agreed surveyor to create an award.
Party Wall Agreement or Award
Ensure that an award is in place before commencing any construction works. The award will outline the agreed-upon terms, conditions, and safeguards for the works.
Adhere to the Agreement or Award
Comply with the terms specified in the party wall award throughout the construction process.
By following these steps you can fulfil your obligations under the Party Wall etc. Act 1996 and minimise the risk of costly dispute during the building works.
Seeking professional advice from a surveyor is advisable to navigate the process effectively - TPWP are happy to assist you
PEOPLE OF WARE WONDER
CAN I START WITHOUT A PARTY WALL AWARD?
You can’t start any of the notifiable works without a consent from your neighbour or until a Party Wall Award has been served. However, you may be able to do some works related to the project which have been approved by planning approval for example. Lots of people serve the notices and even get an award in place before planning is approved to save time.
WHO WILL PAY THE FEES?
Most of the time, the Surveyors fees are covered by the Building Owner. The cost of two different surveyors will usually be higher than that of an Agreed Surveyor. It is worth knowing that the time to agree the Party Wall Award might also be longer.
CAN I JUST SERVE MY OWN PARTY WALL NOTICE?
Yes, you are able to produce and serve your own notices… But if they are served incorrectly they are invalid, and you will need to start all over again which could delay the start of your project. Having this done early on by a Party Wall Surveyor will deal with this potential risk.
DO I NEED PERMISSION TO PUT UP A SHELF OR MOVE AN ELECTRICAL SOCKET?
This sort of work would be considered to be minor and such works would not need to be notified under the Act.
WHAT ABOUT A TIMBER FENCE - IS THAT A PARTY WALL?
No, although references are sometimes made to shared or 'party fences'. These do not fall under the Act..
WHEN DO I NEED TO NOTIFY MY NEIGHBOURS?
Timing is really important, so reviewing your project with a Party Wall Surveyor to run through your project and check if any elements will require serving notice removes stress from the project early on, allowing you to concentrate on the rest of the job. We would recommend getting in touch as soon as a planning application has been submitted, if you intend to begin works promptly.
CAN MY NEIGHBOUR STOP MY PROJECT?
Your neighbour can’t stop you carrying out the project by not responding within the required timeframe. If this happens then the Act allows you to appoint another Surveyor on their behalf so that a Party Wall Award can be served. You can’t have an Agreed Surveyor in this scenario.
WHAT ARE THE RISKS IF I DON’T SERVE A NOTICE?
It is illegal to begin any notifiable works without a notice. Your neighbour has the right to serve an injunction and stop the work.
If you have done some work which might hinder your neighbour’s ability to have a project of their own, without serving the correct notice, you will be liable to compensate for any remediation or damages caused under common law. You will have to cover the cost for undoing this work and any related design fees.
CAN THE ACT BE USED TO LOCATE A BOUNDARY?
No, The Act is not the tool to resolve boundary disputes and party wall surveyors have no powers to do so… The Act cannot be applied until a boundary dispute is resolved. In the case of a section 6 notice, which deals with excavations within a certain distance of the adjoining owner's property, the boundary location is irrelevant.