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Issuing a Notice Under The Party Wall Etc Act 1996

por Demi Briones (2020-04-12)

If an owner wishes to do some work on property that is shared with or close to a neighbour's property, they will normally have to issue a notice under the Party Wall etc Act 1996.
Owners are defined as being the freehold owners or tour b?c kinh th??ng h?i giá r? those holding a lease in excess of one year, a party which has entered into a legal contract to purchase a property (eg. exchange of contracts) or a party receiving rents from a property.

tour-du-lich-trung-khanh-bac-kinh-thuong-hai-Adamviettravel.vnThe owner(s) carrying out the work is/are referred to as a Building Owner' and the neighbouring owner(s) is/are referred to as an 'Adjoining Owner'.The notice must include:

* The name of the legal owner(s) of the property undertaking the work and their correspondence address.

* The address of the property where the work is proposed.

* The name(s) of all the owners of the adjoining property together with their correspondence address.

* A description of the proposed work, usually a single line giving a brief description.

* The proposed start date for tour b?c kinh th??ng h?i the work - usually two months from service of notice or one month where excavations and underpinning is involved

* A clear statement that the notice is being served under The Party Wall etc Act 1996 and the relevant section cited (usually section1, 2 or 6)

* The date the notice is being served.

* If the notice is for excavation work, then a drawing showing the position and depth of the excavation must be included.

* An invitation for the Adjoining Owner to agree to the works or dispute the works.

* An explanation that if a dispute arises then a surveyor tour b?c kinh th??ng h?i (to be named with details) would be appointed to act on behalf of the Building Owner.

The process of serving a notice under the Party Wall etc Act is as follows:

1. The owner intending to carry out the work must serve a written notice on the owners of the adjoining property at least two months before the intended start of the work OR one month where excavations are involved.

2. Each Adjoining Owner should respond in writing giving consent or registering dissent - if a neighbouring party does nothing for 14 days of the notice date, the effect is to put the notice into dispute and the Adjoining Owner is required to appoint a surveyor to deal with the matter.

3. No work may commence until all neighbouring parties have agreed in writing to the notice (or a revised notice).

This article has described how to correctly issue a notice in compliance with the Party Wall etc Act 1996, and what such a notice must include. If you are unsure how the Act applies to your particular circumstances, your local Building Control Office may be able to offer you some free advice on the subject.

Finally, bear in mind that discussing intended work with neighbours is free, and can often help avoid the kind of misunderstandings that may arise if a notice arrives unexpectedly.

London Party Walls are a team of London Surveyors who are experts on London Party Wall issues. Visit their website for morformation on the Party Wall Act.