Sometimes it’s a relief when you get neighbours who want to improve their property.
Talking over the garden wall you feel happy that they want to update their property which will have a positive impact on the value of yours. But what if your neighbour says that they want to demolish their kitchen which is joined to yours and build a whole new conservatory. Then they show you the plans!.
Surprisingly some home owners and also some building contractors are unaware of their responsibilities to their neighbours when carrying out building works with a party wall area.
The Party Wall Act 1996 gives protection to homeowners and those who have neighbours who wish to carry out building work.
The Act Provides for owners who wish to carry out work along the boundary to follow a notice procedure in order that their neighbour may make representations and objections to any potential development.
Guidance to the procedure can be found in the The Party Wall etc Act 1996: explanatory booklet – GOV.UK (www.gov.uk) which gives an explanation of the obligations for those who wish to carry out work.
Failure to carry out the process can result in urgent legal action having to be taken to prevent or even stop the work being carried the costs of which almost certainly being picked up by the neighbour who has not carried out the correct procedure.
Paul Harrington is a consultant solicitor and would be pleased to advise on party wall matters – paul.harrington@batealbonsolicitors.co.uk
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Paul Harrington
Paul is a Consultant Solicitor based in Worthing, and has extensive experience in acting on behalf of his clients in a wide range of commercial and property disputes. He has worked in the Law for over 40 years and is also qualified as a Law Society Accredited Civil Mediator.