Courts tend to have a bad view of the failure to serve a party wall message, and you may be called upon to pay for repairs that, in reality, cannot be your responsibility. In addition, your neighbours could take civil action against you and issue an injunction to prevent further work until a contract to strengthen the party is concluded. This will delay the project and could increase costs. The party`s partition agreements are pretty obvious. By informing your neighbour, you are actually asking for their permission to proceed. You have 14 days to respond from the date of the announcement of the party wall. If your neighbours agree in writing, work can begin immediately. However, if you dispute or do not respond to the notification, you must send a follow-up letter. This will tell them that they will have to hire a surveyor within the next 10 days, or you will use one on their behalf. You have a few possibilities here.
First, you could talk to your neighbour, listen to their concerns and try to reach an agreement that satisfies you both. That`s ideal. If your neighbour has not given permission, you will need a party wall award and therefore a surveyor. As a general rule, you and your neighbour only use one surveyor (a good idea, as it only means one set of fees). Even if you fail to get a party wall contract, it`s not really a violation of the law, but not only will you violate a «legal obligation,» but you also risk paying damages that are not your fault. Your neighbour could claim that his property was damaged by your work and without details or proof of the previous condition of the property (which you would have given by notice of the party) there is not much you can do. You have to pay all the surveyor fees of the party that may arise for you and your neighbors, so try to agree, as far as possible, with your neighbor to use a common surveyor for the task. If your neighbour can`t decide whether or not to appoint a surveyor, you can hire one yourself.
However, in this case, you cannot use the same surveyor as the one you used, which means more effort. The Party Wall Act of 1996 applies to homes in England and Wales and was designed to prevent construction work that could adversely affect the structural integrity of any common wall (party wall) or adjacent land. The Party Wall Act can be used to end disputes between neighbours and help them resolve them if they occur. If the construction work has an impact on a party structure, you must do so at least two months before work begins. For excavations, you must be noticed at least one month in advance. Work can begin as soon as an agreement has been reached. They may also have a «party structure.» It may be a floor or other structure that separates buildings or parts of buildings with different owners, z.B. apartments. One way or another, you are always responsible for repairing the damage caused during the work.