If you’re planning to undertake construction work that falls under the remit of the Party Wall etc. Act 1996, you may need to serve Party Wall Act Notice upon all affected neighbours before starting the work.
Should an Adjoining Owner dissent to Party Wall Notices then a Party Wall Agreement or Party Wall Award should be drawn up by the appointed Surveyor(s), it is a legal requirement under the Act prior to starting construction work .
Where works are being carried out to a Party Wall two months written notice is required under the Act. Where the works involve excavation then one month’s notice is required. Once served, your neighbour has 14 days to respond to the Party Wall Notice either providing consent or dissenting and appointing a Surveyor.
How to Serve Party Wall Notices on a Local Authority or a Housing Association?
If the adjoining building owners are private owners, the notice will be served directly to them. However, the question is; what to do if the adjoining owner is a local authority, or a large housing association?
Well, first of all, you should know that this is not an unconventional case to be in. Party Wall etc. Act 1996 also includes the local authority, housing trust, or the Council as a conventional adjoining owner of a party wall. And you can serve notice to these types of owners in a conventional manner.
In the case, serve Party Wall Notice directly to the owner of the local authority head office, or another postal address directed to the housing association or local authority.
One thing to remember is that with a local authority, the Party Wall Act Notice may often pass from person to person within the local authority until it reaches the concerned person dealing with the matter at the given time frame within the local authority.
That is why the statutory notice periods can often be towards the longer end of the spectrum. You may also find that you or your Party Wall Surveyor will end up serving Party Wall Notice under 10(4) of the Act upon a housing association or local authority giving them an additional ten days to appoint a Surveyor as a dispute as arisen.
Commonly Local authorities tend to dissent by default and appoint thier own Surveyor to deal with the matter and to laise with your Surveyor. Housing Associations may at times concur with your Surveyor’s appointment as the Agreed Surveyor. Seven One Associates has worked with many housing associations in the past.
If you’re planning to undertake construction work on a building that fall under the Party Wall etc. Act and believe that the affected premises may belong a local authority or housing association, then contact Seven One Associates right now.
You won’t need to deal with the hassle of finding a Party Wall Surveyor, our surveyors will be happy to advise and assist you on how the affected neighbouring properties owned by the Council or local authority will work under the Party Wall Act.