If you have not received a change of party notice, you must at least one intercessor agent to manage the next agreement. While non-compliance is not a crime, your neighbours can take civil action against you and issue an injunction to stop the work until a contract to strengthen the party is concluded. This delays your project and will probably increase your costs – your contractor may ask for compensation for the time he cannot work, or start another job and not return for several months. A party wall message should be sent to your neighbours to inform them of the work you intend to do on the party wall, between two months and a year before the work begins. The most common party wall is the one on the border, which separates the land from the neighbours, but it is actually part of the property where the owner`s building is located. The people who need to receive a notification depend on your project, as you may need to send notifications to a number of different people who may not necessarily have the same limit. The first recipients of your messages will be all the owners above the party wall and several people could be involved. The party walls law prevents the construction of a neighbour from undermining the structural integrity of community walls or neighbouring properties. It also aims to avoid and resolve any disputes with neighbours. An agreement on party walls, covered by the party walls law, includes common walls between semi-detached houses and semi-detached houses or structures such as floors between apartments or duplexes, as well as garden walls. In addition to changes that directly affect structures, the effects of excavations within 3 to 6 metres of the border may be covered by law if the foundations are considered probable (based on depth). Courts tend to have a bad view of the failure to serve a party wall message, and you may be called upon to pay for repairs that, in reality, cannot be your responsibility. In addition, your neighbours could take civil action against you and issue an injunction to prevent further work until a contract to strengthen the party is concluded.
This will delay the project and could increase costs. Even if you fail to get a party wall contract, it`s not really a violation of the law, but not only will you violate a „legal obligation,“ but you also risk paying damages that are not your fault. Your neighbour could claim that his property was damaged by your work and without details or proof of the previous condition of the property (which you would have given by notice of the party) there is not much you can do. Sometimes your work can overlap in different categories, for example. B working on a party wall that you share with a neighbor and a new wall construction that could be included in the same project. If you are working on an older wall or want to build at the border and have not received a response, you are in „dispute“ mode, which means that you and the neighbour concerned must hire a surveyor. The Party Wall Act of 1996 applies to homes in England and Wales and was designed to prevent construction work that could adversely affect the structural integrity of any common wall (party wall) or adjacent land. The Party Wall Act can be used to end disputes between neighbours and help them resolve them if they occur. As we said, all survey costs have to come out of the pocket. However, your neighbour must share the costs when work on the party wall is required due to missing defects or repairs.