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If you’re planning on carrying out works on your property that might affect a shared wall, fence, or boundary with your neighbour, the Party Wall etc. Act 1996 requires you to inform your neighbour of your intentions and obtain their consent. This can at times be a difficult process as not all neighbours may agree to the proposed works.
This is where Party Wall Solutions in Thetford come in. We have years of experience in dealing with party wall disputes and can offer guidance and support throughout the process. In this article, we will explore the grounds on which you can dispute a party wall agreement and how we can help.
What is a party wall agreement?
A party wall agreement is a legally binding document that sets out the rights and obligations of both property owners regarding the proposed works. You are required to provide notice of the works to your neighbour, who then has the right to agree or disagree with the proposal within a specified time frame. If they don’t respond within the time frame, the party wall agreement is deemed accepted.
Disputes can arise over party wall issues for various reasons. Here are some common grounds for disputes:
1. Lack of notice
If you don’t notify your neighbour about the proposed works and fail to obtain their consent, this may result in a dispute. Your neighbour may argue that you didn’t follow the proper procedures outlined in the Party Wall etc. Act.
2. Inadequate survey
A surveyor can be appointed to carry out a survey of the property to assess the condition of the party wall before and after the works. Inadequate surveying can result in disputes when damage is later discovered.
3. Structural issues
If the proposed works will affect the structural integrity of the party wall, this may result in a dispute. Your neighbour may argue that the works will weaken the wall and affect their property.
4. Timing of the works
The timing of the works can also be a ground for dispute. For instance, if the works are likely to cause a nuisance to your neighbour due to too much noise or dust.
5. Quality of the works
If the standard of work carried out is below par, this can result in disputes, and you may have to redo the works to meet the requirements of the party wall agreement.
At Party Wall Solutions in Thetford, our expert surveyors can provide guidance throughout the process, from the initial notification to the final agreement. We can help by:
1. Reviewing your proposal
Our experienced surveyors can review your proposal and recommend any necessary changes to prevent disputes from arising. We can also advise on the best way to approach your neighbour and obtain their consent.
2. Preparing the party wall agreement
Our surveyors can draft the party wall agreement and make sure that it covers all the necessary requirements.
3. Handling disputes
If your neighbour disputes the party wall agreement, we can act as a mediator and work towards resolving the dispute amicably. Our surveyors can also carry out a survey of the properties to assess the current state of the party wall and avoid disputes that may arise in the future.
4. Carrying out post-works inspections
After the works have been completed, our surveyors can carry out a post-works inspection to ensure that the works have been carried out to the required standards. If any damage is discovered, we can help resolve these disputes with the neighbour.
Contact Party Wall Solutions Today
In conclusion, party wall disputes can be complicated and time-consuming. At Party Wall Solutions in Thetford, we can offer guidance and support throughout the process to ensure that the party wall agreement complies with the law and that disputes are resolved amicably. Please get in touch with us today to learn more about how we can help you with your party wall issues.