THE GOOD PRACTICE GUIDE

THE BUILDING OWNER - Serving Notices

Although not required under Section 3, it helps neighbours of understand the Notice if accompanied by relevant drawings and perhaps photographs. A full description of the intended works assists this. Care and precision at the stage of serving Notice can avoid dissent.

Many organisations, particularly financial, having several similar names, make the service of Notices a potential nightmare. To avoid the embarrassment of having Notices returned or ignored, it is recommended that they should always be addressed to the Owner (freehold or leasehold).

THE ADJOINING OWNER

Basic information on Action required by neighbour on receipt of Notice from Building Owner

  • Agree to proposal ie consent in writing within fourteen days or
  • Appoint in writing as per draft letter below an experienced Party Wall Surveyor to act.
Sample Appointment Letter

Dear …………….
Address

Party Wall etc Act 1996
We hereby appoint you, ………………, to act in accordance with Section 10 in relation to the Notice served upon us under the above Act and dated …………………………………

Yours …………………….

  • Or Do nothing for 14 days, after which you will probably receive a letter requiring you to appoint a Surveyor (normally but not always at the Building Owner’s (developer’s) cost). If you fail to appoint a Surveyor within 10 days the Building Owner will do so on your behalf.
    If a Building Owner commences work for which he/she should have served a Notice, the Adjoining Owner’s remedy is to seek an injunction through the Courts, but before doing so he/she would be best advised to contact an experienced Party Wall Surveyor.