Can I Stop My Neighbour From Building on a Party Wall?
A Homeowner’s Guide
Navigating the complexities of property laws and neighbours’ rights can be one of the more challenging aspects of homeownership or property development.
One of the situations that often causes contention is when a neighbour plans to build on, or undertake work involving, a party wall.
Party Wall Agreement Understanding your rights, the legal framework, and the steps you can take is crucial in these circumstances.
What Is a Party Wall Sidcup do you need one with your neighbour?
Before we dive into the intricacies of preventing a neighbour from building on a party wall, it’s essential to understand what a party wall is.
In simple terms, a party wall stands on the land of two (or more) owners and forms part of a building – think of semi-detached or terraced houses sharing a common wall.
It can also include garden walls built over a boundary and excavations close to a neighbour’s property (within three or six metres, depending on the depth of the new foundations).
The Legal Framework & Neighbour Requirements
The Act aims to foster cooperation between neighbours, requiring that a homeowner intending to undertake certain works must give adjoining owners notice of their planned activities.
Your Rights Regarding Neighbour Construction on a Party Wall Sidcup
Receiving Notice
If your neighbour intends to build on or around a party wall, they are legally required to inform you in writing before starting any work.
You’ll receive either a Party Structure Notice (for work directly affecting the party wall) or a Notice of Adjacent Excavation (if they plan to excavate near your property).
Your Response Options
Upon receiving notice, you have several response options:
- Consent to the work: If you’re happy with the proposed work, you can agree, and the work will proceed as outlined.
- Dissent and appoint an agreed surveyor: If you have concerns, you can dissent and both parties can appoint a single ‘agreed surveyor’ to draw up a Party Wall Award that outlines the works and how they should progress.
- Dissent and appoint separate surveyors: Alternatively, each of you can appoint your own surveyor. They will then work together to agree on a Party Wall Award.
Can You Stop the Build Entirely?
It’s crucial to understand that the Act is designed to facilitate construction while protecting the interests of both parties.
Thus, outright stopping your neighbour from building on a party wall can be challenging if they follow the proper processes and the work proposed does not pose serious risks to your property.
However, your intervention can lead to the work being carried out in a manner that minimises inconvenience and ensures the structural integrity of your property.
Practical Steps to Take
- Communicate early and often: Before the notices come through the letterbox, engage in open dialogue with your neighbour regarding their plans. Early communication can iron out most issues in advance.
- Seek professional advice: If notices have been served and you’re unsure of how to respond, consult with a surveyor or solicitor specialising in party wall matters.
- Document everything: Keep detailed records of all communications, notices received, and the decisions made. This documentation will be invaluable if disputes arise.
- Understand the process: Familiarise yourself with the Party Wall etc. Act 1996. Knowing your rights and responsibilities will make negotiations smoother and help protect your property.
Conclusion
While you cannot stop a neighbour from building on a party wall without just cause, understanding the Party Wall etc. Act 1996 empowers you to ensure any work is done responsibly, with minimal risk to your property.
The key lies in open communication, understanding your legal rights, and, when necessary, professional advice to guide you through the process.
Remember, the goal of the Act and any subsequent negotiations is not to hinder development with a neighbour but to ensure it is conducted fairly and with consideration to all parties involved.