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With expertise and experience in providing Party Wall surveys in Enfield Town, Simmons Taylor Hall provide the go-to services for party wall disputes.
Our Chartered Surveyors in Enfield Town have the necessary experience and insight needed to help you get to neighbouring property agreements. With our adept advice, you will receive greater clarity regarding how the Party Wall Act 1996 relates to your upcoming development plans.
The Party Wall etc. Act 1996 is an essential law for property owners to be aware of when undertaking any construction works, from large-scale renovations through to minor alterations. It provides a legally binding agreement between two neighbouring properties that ensures both landowners are happy and satisfied throughout the building process.
Our team of highly qualified professionals can assist in acquiring the right documents that you will need if you want certain building work carried out on your property. Get in touch with an expert member of the team today for reliable part wall surveys in Enfield Town.
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In accordance with the Party Wall Act, as a property owner in Enfield Town, you are required to issue a notice before you commence any building work on a shared wall or close to your property’s boundary.
It is necessary to notify your neighbours if you plan on carrying out any of the following actions:
1). Construction of new walls on or across the junction line.
2). Work directly on a Party Wall, Party Structure, or Party Fence Wall.
3). Excavations within a 3m or 6m radius that go below the depth of your neighbour’s foundations or structures.
We advise initiating a dialogue with your neighbours before serving notice. Experience shows that neighbours who feel they have been consulted are less likely to promptly seek the services of a separate surveyor.
In Enfield Town, a Party Wall Notice is a formal document served by the ‘Building Owner’ who is planning to carry out construction work. This notice can be served by the Building Owner’s Surveyor. It grants the ‘Adjoining Owner’ the opportunity to choose one of three responses:
1. Consent to the Party Wall Notice.
By consenting, the adjoining owner still retains the safeguards provided by the Party Wall Act, thus allowing the building owner to commence the proposed construction work without necessitating further Awards. In such cases, we strongly advise creating a Schedule of Condition to safeguard all parties involved.
2. Dissent and Appoint a Party Wall Surveyor to Act on My Behalf.
If the adjoining owner dissents to the Party Wall Notice, they are invoking the formal procedures and protections established by the Party Wall Act. Should they choose to appoint their own Party Wall Surveyor, it obligates the building owner to also appoint a Party Wall Surveyor. The two chosen Party Wall Surveyors will then adhere to the procedures and come to an agreement on a Party Wall Award.
3. Dissent and Appoint an Agreed Party Wall Surveyor.
This response is similar to the second one to the Party Wall Notice. The only difference is that a single Party Wall Surveyor acts impartially on behalf of both parties.
A Party Wall stands astride the boundary of land belonging to two or more owners and either:
– Forms part of a building
– Separates two or more buildings
– or consists of a ‘party fence wall’
A ‘party fence wall’ is not part of a building but stands astride the boundary between land of different owners and is used to separate the land.
Floors or walls between flats are ‘party structures’.
Failure to adhere to the Party Wall Act can bring about serious legal consequences, expenses, and delays. If you are a resident of Enfield Town and your neighbour starts construction work while disregarding the Party Wall Act, you are entitled to take legal action.
If a dispute occurs between you and your neighbour due to their non-compliance with the Party Wall Act, you have the right to initiate legal proceedings against them. Courts often view any neglect of the statutory obligations of the Party Wall Act unfavourably.
One of the major outcomes of facing legal action is the financial burden. If a Building Owner has not fulfilled their obligations under the Party Wall Act, they are likely to be held responsible for all the costs associated with the legal action needed to stop the work and resolve the issue. These costs are likely to exceed the cost of complying with the Party Wall Act itself.
Moreover, the court can issue an injunction to stop any work in progress until the dispute is resolved, leading to significant delays and financial losses. Interim injunctions can be granted promptly, suspending the works instantly until the process outlined in the Party Wall Act is followed.
