While non-compliance is not a crime, your neighbours can take civil action against you and issue an injunction to stop the work until a contract to strengthen the party is concluded. This delays your project and will probably increase your costs – your contractor may ask for compensation for the time he cannot work, or start another job and not return for several months. This is because “corrective” measures (whether the amount of damages or the description of the work performed) are often handled by surveyors who issue retrospective distinctions. We get 2 or 3 calls most weeks from people who have a neighbor who preceded the work going into the scope of the law on the walls of the party, without changing that. Several legal cases relating to the 1996 Party Walls Act have been notified concerning unverifiable work carried out without bonuses or agreements. The actual number of cases in which there is no agreement on the party walls is probably much higher than the number of cases that are appealed by the Court. Okay, so you`re building, but you just found out that a party wall is being hit – what`s going to happen next? Well, the first thing to do is to stop building. Then you have to report it and see if your neighbor agrees with what you are doing. If not, you must take a surveyor to contribute to a party wall agreement. If this is not the case, other households may take legal action. The party wall, etc. The 1996 Act applies only to England and Wales. Scotland and Northern Ireland rely on the common law, not legislation, to settle partisan disputes.
Neighbouring landlords can negotiate to let the work continue – and access can be forced by the courts if necessary. Surveyors also manage the price of the party and determine the time and manner in which the work should be carried out. Like: work schedules, access and security to reduce the risk of property damage. Give your neighbors details about the party`s wall law so they know what they agree on – downloading the planning portal statement on the Party Wall Act is the best way around that. If they refuse or do not respond, you are considered contentious; In this case, you can contact the owner and try to negotiate an agreement. A wall party agreement is only required if your neighbor does not give your consent or responds to their message within 14 days. Only then will you have to deal with the agreement of the party walls and check whether you are bringing surveyors on board. You can use this letter from the HomeOwners Alliance to send it to your neighbors. If your neighbour has finished his work without notice, they are not at all off the hook.
They will continue to have the duty of care under the common law to repair all the damage caused by their works. Your neighbour cannot prevent you from doing the job, but he may require that a formal agreement be reached to cover how the work is performed and how the damage that can be done to their property is repaired. However, to protect yourself, we recommend using a surveyor with at least five years of professional legal competence. At Resi, our Connect service can introduce surveyors near you, which our team has personally verified, eliminating the risks associated with using an unserious dealer. They can write to you and issue a counter-announcement by requesting certain changes to the work or setting conditions such as work schedules. If you can agree, write the terms and exchange letters, work can begin. If the loss of light is small and can be properly compensated financially, the court may award compensation in lieu of a referral order. However, if you have built without regard to your neighbour`s right to light and have found that they have violated their right, the court has the power to have the building modified or removed at your expense.