If they were to build a similar expansion in the future, they would have the right to cut off the part of their neighbour`s foundations that the project plans to make, subject to further notification. In this kind of situation, it is better for the neighbours to agree to build a single wall that crossed the border and use it as a party wall between enlargements – even if it is easier said than done. If you receive a party change notice, you have 14 days to respond with a number of options: as anyone considering an extension has recognized, neighbours have an important role to play in many aspects of the planning process. If you and your neighbour can`t agree on the work on the party wall, you must appoint a certified expert. You can approve the expert proposed by the contractor, but that surveyor must be an agreed surveyor, who works impartially and independently in the best interests of both parties to resolve the dispute. It should not be the same surveyor that the owner uses for his own works. If your neighbours are considering doing such work, they must provide you with a formal written notification of the planned work and you have 14 days to agree or express your concerns. Section 6 of the Party Walls Act includes nearby excavations. In practice, this means that even if you dig within your own borders, the law recognizes that there is a potential risk to your neighbour`s foundations. To enter the scope of the law, you must dig up within 3 meters of your neighbor`s foundations and under their base (this one is increased to 6 meters if your foundations are particularly deep – like the stacked foundations. B, for example).
Assuming everyone is silent, you can appoint a surveyor who will act for your neighbor after 10 days without further recourse to your neighbor. This date is binding and cannot be revoked by the adjacent owner if he suddenly wakes up. A survey engineer so named cannot play the role of an agreed surveyor (both parties have not reached an agreement). Even if you ordered a surveyor for your neighbour, this does not mean that access to a calendar is possible. In this case, you may find that party surveyors must make a “blind” party award. According to the Royal Institution of Chartered Surveyors (Rics), there is a “potential for realistic damage” in festive hiking. It is therefore not surprising that failure to comply with the act may lead your neighbour to take you to court and, at your own expense, to obtain an injunction to prevent you from continuing your work. And it`s not the worst.
“If you do not respect the facts and cause significant damage to your neighbour`s property, the judge may prescribe damages for losses or damages resulting from the work, including legal costs,” warns Rupert Lloyd, the party`s auditor. A cooperation agreement between you and your neighbour is necessary if one of you intends to carry out work that greatly influences the party wall, for example by demolishing, cutting, changing its height or width, etc.