Today we will examine whether work for which no party wall notice has been issued can be referenced in a price and whether surveyors are responsible for party wall work for which no formal notice has been issued. In case you don`t know (as many surveyors and lawyers are), it`s very difficult to retrospectively approve the work in accordance with the law. The notice of termination cannot be served once the work is completed, and since the law is enforced by service of the notice, there can be no party wall premium without notice. The answer to this question depends to some extent on whether you are next to a property where « reportable » work has been done or whether you have undertaken such work without a party wall agreement. While not acting on the act is not a criminal offense, your neighbors can take civil action against you and have an injunction issued to stop the work until a party wall agreement is agreed. This will delay your project and likely increase your costs – your builder may demand compensation for the time they can`t work, or start another job and not come back for several months. The wall of the party, etc. The 1996 Act applies only to England and Wales. Scotland and Northern Ireland rely on customary law, not legislation, to settle disputes over the party wall. Neighboring owners can negotiate to facilitate the work – and access can be enforced by the courts if necessary.
We pointed out to our neighbours two months ago that they were building a rear extension. They opposed this and appointed a surveyor of the party wall, but they will not leave the surveyor at home to be interrogated because of the coronavirus, even with strict social distancing measures. We have now allowed planning and we do not know what to do, we do not have a kitchen or hot water until the work can begin. You must write to all adjacent owners and provide your name and address, a full description of the work, including the address of the property and the start date, as well as a statement that this is a party wall notice in accordance with the provisions of the law. . . .