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West Farleigh, Kent ME15 0PE
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When wishing to undertake building works that is likely that you may affect adjacent properties, particularly in built up areas. In order to protect the interests of your neighbours you are required to serve notice on them informing them of your intensions. Works which require notice are covered by the Act include;
• The construction of a new wall along a shared boundary;
• Excavations which exceed the depth of the foundations of the neighbouring property, usually taken as 800mm below ground
• Any works to the party wall itself.
The Act details the rights and responsibilities of both parties and covers items such as repairing any damage caused during the works, timescales and apportionment of costs.
The party wall Act requires that if any works are proposed to be undertaken that fall within the scope of the Act, notice must be served on the adjoining owner/s within a specified period prior to the commencement of those works. The notice must be correctly drawn up with all the required detail and is to be accompanied with drawings showing the depth of any excavations planned. This would include excavations for new foundations, underpinning and drainage works, where they exceed the depth of the Adjoining Owners foundations.
Party Wall Agreements
Once notice has been served, the adjoining owner/s have 14 days in which to consent to or dissent from the works. If they consent to the works and agree that the works can go ahead, you need do nothing further under the Act. However, if you proceed with the works on that basis, neither you nor your adjoining owner/s will benefit from the rights or the protections conferred by the Act.
If your adjoining owner/s dissent from the works or fail to respond within 14 days of the date notice is served, you must appoint a party wall surveyor to Act on your behalf and to prepare a party wall agreement (actual name; party wall award) between the parties. The Award will also cover items like excessive noise, access on to the adjoining owner/s land, the erection of scaffolding and expenses.
It is usual under the Act that the party wishing to undertake the works, the Building Owner, pays the Adjoining Owner/s reasonable fees in dealing with the matter. As a budget figure we would suggest making an allowance of £850.00 plus VAT per Party Wall Award, remembering there could at least two properties affected by the proposed works.
The following pages contain Frequently Asked Questions which normally arise, otherwise please feel free to contact us, either using the details below or the Contact page.