What often happens is that your neighbour neither consents in writing nor dissents but just ignores your notice. This is fairly common in situations where the adjoining property is tenanted or converted into flats. The Act states that if your neighbour does not consent within 14 days they are deemed to have dissented and must appoint a surveyor. This is problematic as a neighbour who has ignored your notice is unlikely to then spring in to action and appoint a surveyor and the Act recognises this and provides a solution; you must follow-up your original notice with a reminder letter giving your neighbour a further 10 days to make an appointment following which you can appoint a surveyor on their behalf.
Party wall disputes? Here are a few advices: Party walls usually separate buildings belonging to different owners but could include garden walls built astride a boundary – known as party fence walls. Where a wall separates two different size buildings often only the part that is used by both properties is a party wall, the rest belongs to the person or persons on whose land it stands. The “etc” within The Party Wall etc Act 1996 is so included because the provisions of the Act are not limited to party walls, they also include party structures and party fence walls. Section 20 of the Act defines each: “party fence wall” means a wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining lands, but does not include a wall constructed on the land of one owner the artificially formed support of which projects into the land of another owner; “party structure” means a party wall and also a floor partition or other structure separating buildings or parts of buildings approached solely by separate staircases or separate entrances;
Exterior walls will be assessed by the property surveyor and large furniture will only prevent them from gaining access to every part of the exterior wall. Make sure your furniture is kept away from exterior walls and moved into the centre of the room.
A Building Survey, otherwise known as a Structural Survey, will detail the condition of each element of the house while suggesting which aspects are of immediate and major concern and may need further investigation. This type of survey will be carried out by a Chartered Surveyor and is an ideal report for most property types.
In addition to the suite of RICS branded HomeBuyer Reports, we are able to offer the excellent jargon-free Home Condition Survey by SAVA. With its simple 1 -3 rating system which is also colour coded to indicate the risk level and the individual items rating it allows you to quickly determine the levels and not get held back by surveyor talk. In addition to this, it comes with helpful fact sheets on electrics, gas and asbestos as required. See additional info at Party Wall Surveyor Canterbury.
These types of work all require notices to be served as required by the act, once notice has been served, if there is dissent then it is deemed there is a dispute and the Act allows for this, this would be the dispute or resolution stage. Most disputes arrives when the Adjoining Owner has worries or concerns with the proposed work or simply fails to respond in the statutory time to the building owner, for which there could be many reasons. Where a dispute arises either due to non-consent or no response then the Act lays down the steps required to resolve the dispute this is where the Building Owner and the Adjoining Owner will each appoint there Surveyor this could be one each or even the same surveyor with agreement for all parties working as the Agreed Surveyor.
The Party Wall Process: This process is all based around the Party Wall etc. Act 1996. The main purpose of the Act is to provide a framework for amicably preventing and resolving disputes between neighbours in relation to Party Walls, boundary Walls and Excavations near neighbouring buildings. Building owners are given statutory rights that did not exist in existing common law when undertaking certain types of construction as defined by the Act. You can have your property surveyed at any time, but you will most likely hire a surveyor when you’re buying a home or constructing something. … However, the property survey is not always legally required. Some mortgage companies will be satisfied with title insurance. As one of the most comprehensive surveys available, more often than not a building survey will be requested by potential buyers of your property. It is a wide range inspection of the entirety of a property done in more specific depth than a Homebuyers Report or a Mortgage Valuation. A Building Survey’s purpose is to give a detailed report of the condition of the property in question.
Home and building survey tips and tricks : Go back to your Roots, Trees next to your home can give a lovely ‘rural’ feel to the property, and we love them, she even has a pear tree growing right outside her house. But, she didn’t buy the property without checking first that the roots weren’t causing any structural damage to the property’s foundations. Check walls for damp! Walls get damp for many reasons, and they can always be fixed, often for a few thousand pounds. Check the bottom of your walls for any damp patches, especially after a few days of rain. Then get a free ‘timber and damp’ check. Read extra info at www.home-heroes.co.uk.