At Simmons Taylor Hall, our experts provide the top services in the area of Wimbledon for all Neighbourly Matters and Party Wall Surveys.
Our Chartered Surveyors in Wimbledon offer an unrivaled level of expertise and aid when it comes to arranging neighbourly property agreements, particularly those influenced by the 1996 Party Wall Act. With our refined knowledge on such matters we guarantee that any party wall agreement you require assistance with in Wimbledon will be handled promptly, professionally and competently.
Wimbledon property owners must navigate complex regulations when considering building work that could impact neighbouring properties. The Party Wall etc Act 1996 ensures compliance is maintained between both parties, even in cases of minor repairs and maintenance – there’s no room for error! If faced with a party wall dispute, our expert surveyors are on hand to provide guidance and assistance.
To complete any substantial property construction project, the cooperation of both landlord or homeowner and neighbour is essential. Working with our experienced team in Wimbledon will ensure that a Party Wall survey provides a clear outline for such an agreement – ensuring peace-of-mind for all involved throughout your remodeling or renovation endeavors.
In compliance with the Party Wall Act, as a property owner in Wimbledon, you are obliged to serve notice prior to commencing any building work on an existing party wall or in close proximity to your property’s boundary.
It is mandatory to provide notice to your neighbours if you intend to carry out any of the following:
1). Construction of new walls at or over the boundary line.
2). Undertaking work directly on a Party Wall, Party Structure, or Party Fence Wall.
3). Performing excavations within 3m or 6m to a depth that is lower than the adjoining owner’s foundations or structures.
To ensure a more agreeable process, we suggest communicating with your neighbours before issuing the notice. Neighbours who feel consulted are generally less inclined to promptly engage a separate surveyor.
A Party Wall Notice in Wimbledon is an official announcement made by the ‘Building Owner’ intending to conduct construction activities. This notice can be given by the Building Owner’s Surveyor. The purpose of the Party Wall Notice is to allow the ‘Adjoining Owner’ to choose from one of three potential responses:
1. Consent to the Party Wall Notice.
In choosing to consent, the adjoining owner retains the protections provided by the Party Wall Act, which allows the building owner to proceed with the planned construction work without needing further Awards. In such cases, we strongly suggest establishing a Schedule of Condition to protect 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 engage the formalities and protections outlined in the Party Wall Act. If they decide to appoint their own Party Wall Surveyor, it obligates the building owner to also appoint a Party Wall Surveyor. The two selected Party Wall Surveyors will then follow the procedures and agree on a Party Wall Award.
3. Dissent and Appoint an Agreed Party Wall Surveyor.
This response is akin to the second Party Wall Notice response. The only difference is that a single Party Wall Surveyor acts neutrally 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’.
Ignoring the Party Wall Act can lead to serious legal repercussions, costs, and delays. If you live in Wimbledon and your neighbour has started construction work without considering the Party Wall Act, you are entitled to take legal steps.
If your neighbour’s neglect of the Party Wall Act results in a dispute, you have the right to take legal action against them. Courts often view any disregard of the statutory duties defined by the Party Wall Act unfavourably.
One of the most substantial outcomes of facing legal action is the cost. If a Building Owner has failed to meet their obligations under the Party Wall Act, they are likely to be held liable for all costs related to the legal action needed to stop the work and resolve the issue, which is likely to surpass the cost of complying with the Party Wall Act itself.
Additionally, the court can order an injunction to stop any ongoing work until the dispute is resolved, causing significant delays and financial losses. Interim injunctions can be granted swiftly, stopping the work immediately until the process outlined in the Party Wall Act is followed.