The Party Wall etc Act 1996 sets out when party wall notices should be served and when they are required. It is important to ensure they are correctly served.
In the event, there are errors on the notices, or they are not served in accordance with the provisions of the party wall legislation, then they can be invalid. Ensuring the notices are valid is important to commence the statutory process. Notices can be served by the building owner however to ensure they are correctly served we would recommend they are served by surveyors familiar with the party wall legislation, its conditions and the timescales that need to be complied with.
Notices are required under Sections 1,3 and 6 of the Party Wall etc Act 1996 and should be clearly served. Incorrectly served notices could invalidate the party wall process requiring the notices to be served again potentially adding time and cost to the proposed works.
Following the service of notices, in the event there is a dispute between owners, the building owner and the adjoining owner who are in dispute, must appoint a surveyor to act on their behalf or concur with the appointment of an agreed surveyor. Once an appointment is made in accordance with the Act it cannot be rescinded and the appointed surveyors are undertaking a statutory role to ensure the conditions of the Act are adhered to.
Tim Greenwood and Associates are experienced party wall surveyors and understand the importance of ensuring the process is correctly followed. We can offer building owners undertaking works initial advice on what notices are required to ensure that they understand their obligations and the potential time implications that the party wall process may have on their works. We also provide advice to adjoining owners who receive notices explaining the options available to them in accordance with the Act.
