Neighbours get into disputes especially in circumstances when one party plans to take on building works till fences or walls of buildings which falls common or remains in close vicinity of their neighbour's property. The Party Wall Act was formed to restrict such types of disputes between neighbours by ensuring that the property owners send each other the notice before undertaking any such type of building works. The Act clearly states that a "building owner" (getting the work done) is bound to serve the Party Wall Notice on their "neighbour owner". The fine line definition of the "building owner" put down the responsibility towards serving such type of notice on the person having a significant interest (i.e. ownership) on the property. On the other hand, the definition for the "adjoining owner" is a bit wider compared to building owner and covers individual having an interest which is greater than that of the yearly tenancy. As per law if anyone is having the permission to hold rights for the property need to be served with the Party Wall Notice and so it turns mandatory for all property Owners to serve several notices on their Neighbour owners. After serving of the notice is done the building owner needs to start the planned works within a period of 12 months. All such works need to be executed with reasonable care and professional skill to restrict the occurrence of any type of unwanted inconvenience for the neighbouring owner. In case the neighbouring owner's property gets damaged during work, the "property owner" will be responsible to bear the cost of repair or will compensate the neighbouring owner for the cost of repair. After receiving the notice, the neighbouring owner does have the scope to lift the "Party Wall Disputes" which based on the Party Wall Act will encourage the recruitment of one independent Party Wall Surveyor who will be responsible to conduct an inspection and will make a primed decision known as an award. Such type of award may need the property owner to go for additional works like laying of a better foundation etc. Property owners who wish to proceed for building works need to consider and understand their responsibilities towards serving the Party Wall Notices stating the works which he/she intends to execute. Neighbouring owners can expect to receive such a notice but; if the property owner fails in serving a Party Wall Notice then Neighbouring owners will have minimum recourse except making an application to Court for issuance of an injunction to restrict the property owner from starting the work.
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About UsAt Berry Lodge Party Wall Surveyors, we specialise in Residential Surveying, we are experienced in a range of Surveying Services including Party Wall Agreements, Property Valuations, Pre-purchase Surveys, Property Dispute Mediation and Boundary Disputes. We are experienced, qualified and on hand to assist with your Surveying matters. |