Party Wall Matters Dartford

Party Wall Matters Dartford

Party Wall Matters advice in Dartford, Bexleyheath, Orpington, Sevenoaks, Swanley and neighouring areas.

Barry Wolfenden is a member of the Faculty of Party Wall Surveyors in Dartford and regularly attended seminars on the Act. We will provide advice on the Act and try to guide clients how to keep the costs to a minimum.

If you are planning works that fall under the Party Wall etc Act 1996, notice needs to be served on all parties concerned, e.g. lease holders, freeholders.

Under the Party Wall etc Act 1996 there are certain timescales that you need to adhere to as both the Building and Adjoining Owner.

Obviously serving Notice yourself is the first way to save money but please be aware that if the Notices are incorrect in any way and a dispute arises they may be deemed invalid and new Notices will have to be served and the notice period will start again.

If a proposed wall needs foundations to a lower depth than your neighbours foundations, a Section 6 notice could also be required.

One month notice must be given before the works commence.

Section 3 Notice / Party Structure Notice

If you are planning to cut into a Party Wall to insert flashings or a damp proof course, cut away chimney breasts or projections, raise, rebuild repair, underpin, expose the Party Wall to the weather or enclose upon a wall on or at the line of junction turning it into a Party Wall, in such cases a Section 3 Notice must be served.

Two months notice must be given for a section 3 Notice.

Section 6 Notice / Notice of Adjacent Excavation

If you are planning to excavate within 3m of neighbour's foundations to a lower depth, or within 6m to a lower depth than a line struck at 45 degrees down from the underside of the neighbour's foundations, then a section 6 notice must be served.

One month notice must be given before work commences and in addition, plans and sections of the proposed works must be provided with the notice.

Adjoining Neighbours

Consent or Dissent

If your neighbour intends to have building works carried out that involve alterations to your Party wall or excavations within 3 metres of your property, the Act requires that you are given due notice of the proposals and that agreement as to the execution of the works is in place prior to their commencement.

If you have received a Notice about proposed works your neighbours plan to carry out to their property, you are required to respond in writing within 14 days from the date on the Notice. If you would like Help or Advice in responding to any Notice served, please contact us.

There are two main ways you can respond:

Consent to Notice: If you are going to consent to your neighbours; proposed works, no Party Wall Award is required and they can commence the works with no further input from surveyor(s).

We do advise our clients who consent to a Notice to request that a Schedule of Condition be undertaken by a Surveyor, who will produce a record of the current condition of the adjacent areas prior to works commencing so that in the unlikely event of damage being caused it can be easily identified. The Agreement fee should be paid by the party proposing the building works.

The purpose of the agreement is to provide both parties with a written detailed framework of the proposed works, the surveyor(s) will consider the site conditions and make recommendation to try to safeguard both parties, the Award includes a Schedule of Condition.

It is an impartial report, prepared by the Surveyor(s) which will deal with the right to execute the party wall works, the time and manner of executing the work, and any other matters that arise between the parties concerned.

Dissenting to the Notice is not a tool to delay or stop the proposed works.

You may concur on an Agreed Surveyor or each appoint an Independent Surveyor:

Agreed Surveyor Dartford

Appointed by both parties, by the Building and Adjoining Owner, and is required to act impartially to administer the rights and duties of both owners. The process can be quicker and more cost effective.

Independent Surveyor Dartford

You may appoint an independent Surveyor of your choice. Your Surveyor's reasonable fees in all normal circumstances will be met by the Building Owner.

Please Note:

Not responding will not delay the proposed works.

If no response is received by the Building Owner within 14 days a further follow-up Ten Day Notice will be served stating that the parties are now deemed to be in dispute and a Surveyor must be appointed.

If no written response is received a Surveyor will be appointed for the Adjoining Owner by the Building Owner's Surveyor under Section 10(4) of the Act.

Party Wall Matters advice in Dartford, Bexleyheath, Orpington, Sevenoaks, Swanley and neighouring areas.

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