Your freedom ends where mine starts. One may think that they can do whatever they want in their properties, but when the property is adjacent to someone else’s property, what you do can also affect them.
As a result, we need a regulation to clarify what one can or cannot do. In the UK, such regulation is the Party Wall Act 1996. In its own words:
“An Act to make provision in respect of party walls, and excavation and construction in proximity to certain buildings or structures; and for connected purposes.”
The regulations state that in order to build or modify the party walls, the person who wants to make the works shall notify the other owners that will be affected. This notification has to include the data of the owner doing the work and the date on which the work will begin.
Before sending the notifications, it is important to check all the owners who may be affected because you need to notify all of them.
If you have a good relationship with your neighbours and you do not expect issues, it may be better to talk with them in person, first. Some people get nervous when they receive written notifications. Therefore, explaining what you are going to do orally may reduce the stress that the notification may bring them.
Your neighbours have 14 days to answer your notification.
They have two options:
1. Accept it
2. Request a party wall settlement
The second one will generate costs for both of you, so it is highly recommended to try to reach an agreement before sending the notifications in order to get them accepted.
When people reject the works, they can propose modifications. If that happen, it is time to negotiate.
Some typical issues:
– About the works themselves (structure, dimensions, materials, etc)
– Hours of work
– Noises
If negotiations fail, you can ask for help from a surveyor. You both can agree on the same one, or you can ask one and your neighbour another. If these two surveyors fail to agree, you will need a third surveyor. If there is more than one owner affected, each of them can appoint their own surveyor. Keep in mind that the more surveyors you need, the more you will pay because you (meaning the person who wants to do the works) have to pay all of them. Thus, it is always recommended to approach the modifications with an open mind and be willing to reach an agreement.
Even with having a party wall agreement, we recommend hiring a professional with the correct civil responsibility insurance coverage in order to do this kind of work. If you decide to do it yourself or have it done by someone not professional and you eventually produce damages to
your neighbours, they can ask for compensation. Thus, it is better to have appropriate insurance coverage.
If you require any further information you can contact us and we can point you in the right direction.