Here we set about debunking a few common myths associated with party wall works to help ensure this does not happen.
Myth 1: "You don't need to give notice for small jobs."
Reality: No matter how big or small the job is, if the work falls under the Party Wall Act you will need to give one- or two-months’ notice to your adjoining owners before starting any work.
Myth 2: "You don't need to give notice if the neighbour is a friend."
Reality: Even if your neighbour is a friend, if the work falls under the Party Wall Act you will need to give notice before starting any work.
Myth 3: "You can ignore the party wall notice if your neighbour is a friend."
Reality: No matter who your party wall notice is from, you must not ignore it. No response is classed as a dispute as far as the Party Wall Act is concerned.
If you think your neighbour is carrying out work that falls under the Party Wall Act and has not informed you, you should politely ask them to stop work and serve notice.
Myth 4: "Party wall surveyors are only needed when there's a dispute."
Reality: Party wall surveyors do only have legal jurisdiction where a dispute exists between the parties. But an experienced party wall surveyor can also offer you valuable advice prior to serving notice, to help ensure you comply with your obligations during the design and pre-contract phase.
Myth 5: "Party wall agreements are just a formality."
Reality: If your neighbour has not consented to the work and you are awaiting a party wall award you should not begin any work before the Party Wall Award is in place.
A Party Wall Award is a legally binding document that details the extent of the work, when it will be carried out, and how it will be managed to cause the least disruption and damage to the neighbouring property. Conducting any work on or near a party wall without having a proper Party Wall Award in place can potentially lead to legal action. This can delay your project and increase costs.
It's also worth bearing in mind that Party Wall Notices and Awards may be requested during house buying and selling, and lack of the correct paperwork could hold up your sale in the same way that lack of Planning or Building regulations can.
Myth 6: "You can easily handle the party wall process yourself"
Reality: While it is possible to serve a party wall notice yourself, the process can be complex and time-consuming, particularly if you are not familiar with the legal requirements. Mistakes in serving the notice may cause it to be considered invalid, meaning the process must start again, and causing delays. Working with a professional party wall surveyor ensures that everything is done correctly, saving you time, stress, and potential delays to your project.
Once a dispute arises between the parties, a Party Wall surveyor or surveyors must be appointed to resolve the dispute. You cannot legally act as your own Party Wall Surveyor to resolve a dispute.
Any further questions?
Our party wall surveyors have compiled answers to some of the most frequently asked questions relating to work that falls under the Party Wall Act.
If you do not find the answer to your questions above, or if you would like to discuss your specific project, give us a call on 0117 942 7876 or email us.
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