UK Best Surveyor for Failure to serve Party Wall Notice

A party wall is a wall that is shared by two neighbouring homes. It separates terrace and semi-detached homes.  It is mandatory that before starting any work involving the party wall, a Party Wall Agreement in writing needs to be prepared. The first step in the party wall process is that the owner who intends to carry our party wall work needs to serve a Party Wall Notice to his neighbours. It is mandatory under the Act to give the same in writing. The same Notice procedure also applies to anyone carrying out excavations within 3 to 6 metres of the neighbour's property and to a lower level than their foundation.

In case of party wall matters, the failure to serve party wall notice has legal implications.  What it effectually means is that if, as a 'Building Owner,' you have initiated party work but have failed to give a notice, a legal injunction can be served against you. As a result, not only will the ongoing work get stopped indefinitely – till the time the facts are established through an investigation – legal cases may also be reported against the building owner.

However, it is important to understand that if your neighbour has failed to serve the party wall notice and has completed the work, the notice cannot be served. The notice should be typically served at least one month or two months before starting work. The direct result of a failure to serve party wall notice is a legal dispute between the building owner and the neighbour. 

A party wall surveyor is a specialised entity who is responsible for preparing the Party Wall Award. It is a document that contains details of how the work will be carried out. When a party wall notice is issued, and the neighbour dissents, the surveyor's role becomes critical.

Arun Associates is a London-based chartered surveyor firm that offers impeccable and professional party wall surveyor services. With about twenty-five years of being one of the top surveyors in the UK, they offer services supported by expertise and experience.

Source URL: https://arunassociates813108635.wordpress.com/2021/03/03/appointing-surveyor-following-failure-to-serve-party-wall-notice/

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