I am the person doing work ( referred to as the ‘Building Owner’)
If you intend to carry out building work which involves:
- Work on an existing wall shared with another property
- Building on the boundary with a neighbouring property
- Forming a basement
- Excavating near a neighbouring building
You must find out whether the work falls within the scope of the Party Wall Act. If it does, you must serve the statutory notice on all those defined by the Act as adjoining owners. Alan Riley Associates has the expertise to help you sort out just who is an ’adjoining owner’ for the purposes of the Act. Alan Riley Associates will prepare all the documentation required and clarify just who is an adjoining owner within the meaning of the Act (not as simple as it sounds-see our FAQ’s) and serve notices on your behalf. If you are using a downloaded template to prepare the notices yourself you must ensure that the description of the work and the sections of the act referred to are specific otherwise this could lead to ambiguity and the notice or subsequent documents being challenged or unenforceable.
My neighbour is the person doing the work (referred to as the ‘Adjoining Owner’)
You may have been served a party wall notice by your neighbour or become aware of proposed works to your neighbour’s property. If this work falls within the scope of the Party Wall Act you cannot stop someone from exercising rights given to them by the Act, but you can influence how and when the work is done.
Under the Act, a person who receives a notice about intended work may give consent within 14 days, or refuse consent. If an adjoining owner does not do either of these two things, a dispute is regarded as having arisen. It is Important that you respond correctly and within the time limits set by the Act. Alan Riley Associates will ensure that notices are responded to correctly and that you have the protection of the Act. Except in very rare circumstances, our costs are covered by your
neighbours who are carrying out the work.
For advice on what to do if you have been given a party wall notice, or if you think your neighbours are carrying out work without having served a statutory notice speak to Alan Riley on 020 8287 2808 or email us at firstname.lastname@example.org.
I am an architect, a designer, a contractor or a developer
If your clients intend to carry out building work which involves:
⦁ Work on an existing wall shared with another property
⦁ Building on the boundary with a neighbouring property
⦁ Excavating near a neighbouring building
…..they must find out whether the work falls within the scope of the Party Wall etc Act 1996.
Alan Riley Associates provides free advice to architects, designers, contractors and developers at the early planning stage on whether notice is required and if so which notices will need to be served.
Here is how ARA can help you provide the best service to your clients:
⦁ Alan Riley Associates’ fixed price service will help you to advise clients on costs. ARA provides free advice to architects and designers to put together fee proposals for clients.
⦁ Remember, party wall services do not have to be expensive. Talking to neighbours and avoiding conflicts and arguments early is cheaper than resolving them later. We are happy to talk to your clients to explain how to get the best outcome.
Our top tips:
⦁ Show relevant information about the neighbours’ property. Consider how your clients’ proposals will affect neighbouring properties at an early stage.
⦁ Make sure drawings are consistent. If a wall is shown astride the boundary on plan-make sure it is in the same position on the section.
⦁ Remember the Party Wall etc Act 1996 may refer to nearby excavations-not just work to a party wall.
⦁ Ensure that party wall notices are properly drafted and served at the right time.
⦁ When a client sells their property, solicitors acting for purchasers will ask for evidence that the Party Wall etc Act 1996 has been properly complied with. If not, this could delay or even frustrate a sale. If you have not properly advised your clients of their obligations under the Act, you could be liable for loss they suffer as a result. Why take the risk? It costs nothing to get Alan Riley Associates on the team!
⦁ The Party Wall etc Act 1996 is essentially a dispute resolution procedure-much cheaper than going to court. But if clients are given the right information to enable them to reach a party wall agreement with their neighbours, there is no need for a party wall award.
⦁ The Party Wall etc Act 1996 requires notice to be served on ‘adjoining owners’. Many owners will try to deal with party wall matters informally, but valid notices need to be served and any agreement needs to be in writing.
Please get in touch to discuss your clients’ proposals or email us a copy of the drawings. We will happily have a look at them at no cost and call you back to advise whether there are party wall issues, to discuss the best way forward and suggest anything that may help to get party wall matters sorted out quickly and economically.
Speak to Alan Riley FRICS FFPWS on 020 8704 1952 or email: email@example.com for help and advice with serving party wall notices