The first point of which you become aware of your neighbour's plans could be when a formal written notice from their representative drops through your door. Click for more info should be in the form of a formal written notice and is normally served two months' prior to commencement of the task or one month in the case of excavation works only.
When you receive this type of notice you should seek advice before signing a consent form and perhaps waiving your rights. The notice should offer you the opportunity to instruct a surveyor to record the health of your property both prior to the work commences and again on completion.
In https://canvas.instructure.com/eportfolios/2466561/Home/The_Party_Wall_Act_Whats_That_All_About that you refused to respond to a notice from a building owner, he will be able to appoint a surveyor on your behalf in order that the dispute resolution procedure can proceed without your cooperation. The legislation is statute law and any works to party walls, structures, fences or, specifically circumstances the formation of foundations within 6 metres of an adjoining property may require notice.
If you're the adjoining owner and receive a party wall notice, you may agree to the proposed works in case you are entirely happy that there will be no damage or consequences to your property. Otherwise, if you do not agree or in the event that you ignore the notice, you then must agree to an individual surveyor being appointed, or appoint your own.
As an adjoining owner, served with a celebration structures notice, you may issue a counter-notice within a month requiring additional works to be completed, and you also must consent within 2 weeks or a dispute is regarded as to exist.
The notice must include:
1) A clear statement that the notice is being served beneath the Party Wall etc Act 1996.
2) The date the notice has been served.
3) The address' of both properties concerned
4) If the notice is for excavation work, a drawing showing the positioning and depth of the excavation should be included.
5) If any of the information is missing from a served noticed, it'll be invalid in which particular case, any subsequent award may also be invalid.
Finally what should you do if you receive a Party Wall Notice from your own neighbour. You have 2 weeks from the date of the notice in which to consent. If you do not answer the notice you're deemed to have dissented under the Act and must appoint a surveyor.
You can also indicate your dissent on the notice's acknowledgment. If the Building Owner has suggested a surveyor on their notice you may concur in the appointment of this surveyor as 'Agreed'.
The proposals affecting the Party Wall can not be resisted ultimately, although if you are an adjoining owner, by dissenting from the Notice, appointing a surveyor and the preparation of a celebration Wall Award, you'll go quite a distance to protecting your interests.
Despite its name the Act isn't only concerned with party walls but additionally governs excavations close to adjacent buildings and specific types of notice, referred to as 3 metre and 6 metre, must be served.
If either you or your neighbour have objected to the others notice and the dispute can't be settled by way of a friendly discussion, then your problem ought to be resolved by the appointment of surveyor.