I`ve seen neighbors lose many years, spend a lot of money on lawyer and lawyer fees and feel bitter about the experience. In most cases, the disagreement was rooted in an emotional objection to simple works. If you do not issue wall identities or receive a Party Wall Award before the start of the corresponding work, your neighbour may issue an injunction to stop or prevent work that affects their property until the price is in effect. You don`t need to inform your neighbor (adjacent owner) of minor changes, such as the . B, coat, add or replace power lines or power sockets or drill sockets to install shelves or cabinets. You can use this letter from the HomeOwners Alliance to send it to your neighbors. If a party wall agreement is granted, but you do not like the terms, you can file an appeal with the regional court within 14 days of the release of the agreement. It`s worth remembering that calls focus on points of law, so if your dispute is related to something you don`t like, you`re probably not going to go far with the process. They are also a terribly expensive business, so it`s worth talking to a lawyer so they don`t rush too fast. It can be very easy to identify a common party structure, for example. B a wall between two terraces, but it can be difficult to identify common borders. That`s why we always recommend that you have an architect on board who will be able to detect these problems in advance and advise you on when to act. The award is final and binding and can only be overturned by an appeal to the district court.
Any party can appeal. The appeal must be filed within 14 days of the expiry of the arbitration period. “It is recommended to inform your neighbours at least two months before work begins, but in some cases it may take several months for contracts to be completed depending on the size of the project, so you should take this into account when planning the project. The adjacent owner cannot prevent you from doing work that you are allowed to do. The adjacent owner only has the right to raise a dispute in response to your notification, which will trigger a requirement for a party surveyor to award a distinction that regulates how the work is performed and which can be compensated. Party wall notifications must be notified either 1 or 2 months before work begins, depending on the section of the law. So if you see scaffolding on your neighbor`s property and you haven`t received a message, it`s time to take action – don`t wait for the owner to start making holes in the party wall before talking to the owner. Similarly, if your neighbor starts breaking their terrace ready for a pop expansion tour and ask them if they intend to serve the message.
A few words before the work begins may be enough to encourage a contractor to inquire about the law. If the loss of light is small and can be properly compensated financially, the court may award compensation in lieu of a referral order. However, if you have built without regard to your neighbour`s right to light and have found that they have violated their right, the court has the power to have the building modified or removed at your expense. If the adjacent owner asks you to do additional work during planned work on an existing party wall or to accept the construction of a new party wall, the adjacent owner may be required to participate in the construction costs of the work. Give your neighbors details about the party`s wall law so they know what they agree on – downloading the planning portal statement on the Party Wall Act is the best way around that.