Welcome to Party Wall Surveyors
Welcome to Party Wall Surveyors
Welcome to Party Wall Surveyors Association Free Call 0207 1180 039
              Welcome to Party Wall Surveyors Association                       Free Call 0207 1180 039

Adjoining Owners/Occupiers

MY NEIGHBOUR HASN’T TOLD ME ABOUT THE WORKS THAT ARE BEING CARRIED OUT. WHAT ARE MY RIGHTS?

If your neighbour has not informed you of the works that are being carried out they are working outside of the Party Wall etc Act 1996 legislation. This is illegal and you can take said owners to court if you choose. A judge will hear both sides of the case and provide direction to whether the works to the property. It is recommended that you appoint professional support as this process can be costly.

 

I HAVE STARTED WORKS TO MY PROPERTY AND NOW HAVE BEEN TOLD I NEED TO INFORM MY NEIGHBOUR. DO I HAVE TO STOP CONSTRUCTION?

 

Yes. You require your neighbours consent to carried out the works and could suffer legal implications. It is advised to you seek professional support to ensure that you act accordingly. Of course it is not a legal requirement to appoint a surveryor but they can assist you in the legal standing of your current situation to ensure that any disputes are resolved appropriately.

 

MY NEIGHBOURS CONSTRUCTION IS VERY NOSY. IS THERE ANYTHING I CAN DO ABOUT THIS?

The term “reasonable disturbance” is applied within this context. This means that your neighbour has to act accordingly with the works being carried out without having an abundance of inconvenience upon your day to day living. Examples of which you may be entitled to compensatory support are if you operate a business from your home.

 

Your neighbour is required to abide by all standard health and safety legislation and  environmental laws with regards to noise and time restrictions. 

 

MY NEIGHBOURS HAVE CONTRACTORS THAT NEED TO ENTER MY PROPERTY. DO I HAVE TO AGREE TO THIS?

If your neighbour has served notice under The Party Wall Act then you are obliged to agree to this request. The access granted should be under notification and only to grant immediate access in case of emergency. However, if there are alternative methods of access your neighbour is required to consider these.

 

 

WHY SHOULD I APPOINT A SURVEYOR?

You are not required by law to appoint a surveyor however by doing so allows you to have a full understanding to…

 

  • At risk elements in the construction that is subject to taking place
  • Protection and understanding of the works being carried out and your legal rights
  • Cost implications
  • Access and working hours implications

 

CAN BUILDING WORK BEGIN PRIOR TO THE AWARD BEING GIVEN?

No. It is important to wait until the works have been agreed and awarded as this impeaches upon legal duties and has consequences.

 

WHAT DO I DO IF I’M HAVING DIFFICULTY IN GAINIG COSTS FROM MY NEIGHBOUR? 

 

You have a right as an adjoining property owner to request financial compensation if damage has been created as a result of works being carried out. It may be required that you act in the form of a court process to which a magistrate judge will make the decision

 

 

LICENSE TO ALTER (LTA)

 

What is an LTA?

A Licence to Alter is a written document that explains proposed changes to a property that requires the consent of a landlord under the terms of a lease.

The LTA will be constructed by the Landlords legal appointee in most circumstances and include comments from a surveyor to relate to specific circumstances of works to the building in question.

 

Steps included within the LTA process:

  1. Leaseholder approaches managing agent/ landlord specifying the changes requested.
  2. Information passed to the managing agents/ Landlords legal representative to review whether an LTA is required. 
  3. LTA required: draft of the licence is completed along with a surveyor’s input (a surveyor will assess the property and provide contextual recommendations)
  4. All risks, implications and costs will be discussed until a finial decision is reached. 

 

Boundary Agreement

 

What is a Boundary Dispute? 

 

When two parties do not agree with who has ownership or liability on a location of a property grounds/ square footage.  In general boundary lines are set by specific landmark features e.g. fencing, driveways. A legal definition will be provided within the Land of Registry Tile plan. When a surveyor assesses a boundary line there becomes a measure of uncertainty to the extent of three feet.

 

What can I do to resolve a Boundary Dispute?

We would firstly recommend having direct conversations with the owner to fully understand their point of view and opinion. Once this can be established then if required a surveyor can be appointed to act on your behalf to resolve this dispute.

 

What can a surveyor do for me?

  1. Provide a Boundary Agreement:  A surveyor can provide a written report to resolve the issue proposing an agreement that both parities abide by. This will then be registered with the Land Registry.

 

B) Court Determination: Unfortunately, disputes can be unresolved by the two parties. In this circumstance it is then deemed necessary to have a court hearing to provide over-riding decisions. A report from a surveyor can be used as evidence during this process.
 

 

The Boundary Agreement Process:

 

Pre Inspection Stage: Our surveyor will complete a comprehesive and detailed investigation into the dispute. This is inclusive of researching planning records and gathering evidence on your behalf.

Surveyor Site Inspection

A surveyor will visit the property and gather direct evidence. This includes assessing the land features and gathering photographic material to inform the report.

This will include

  • Taking into consideration historical factors gained at the initial stage
  • Aerial and detailed photographs
  • Measurements to provide exact detail to inform our evidence based practice approach

Surveyor's Report & Recommendations

A full report will be provided to the owner, highlighting areas of question, consideration and provide recommendations within the remit of boundary lines.

 

Boundary Agreement Fixed Costs:

We pride ourselves on being open and honest with our customers. The costs of our Boundary Agreements are set at a fixed rate.

Our Boundary Agreement costs start at £ + VAT.

 

 

Access Licence

Why do I need an access licence?

A person requires an access licence if they want to be able to enter another person’s land or property. The main reason for access is usually due to wanting to complete construction either existing or new that benefits their own property.  

 

How do I obtain an access licence?

This is a formal transaction between two property owners if an informal agreement cannot be made.

 

Step one: Request access:  The owner wishing to access their neighbours property provides justification in a written format.

 

Step two; Response received: It is required that the owner wait on response and agreement from the neighbour before accessing the property.

 

Step three: Surveyor presence: A surveyor’s intention is to provide both parties with an understanding of the work to be undertaken highlighting any issues.

 

Step four: Written report: A surveyors report is provided detailing any risk to the neighbouring property. The licence is granted on agreement in both parties.

 

 

Step five: Real time updates

A surveyor will visit intermittently whilst the works are undertaken to ensure that it is in line with the licence agreement.

 

Step six: Surveyor Final visit

The surveyor will ensure that on completion of the works that all obligations by both parties have been adhered to. 

Print Print | Sitemap
© Party Wall Surveyors Association (PWSA) 2011-2018. A Private Limited Company Operating from Central London on a Non-Profit-Making Basis to provide sound cost saving advice to consumers. Substantially well funded.