If you`re planning on carrying out construction work on a shared wall between two properties, it`s important that you have a party wall agreement in place. This is an agreement between you and your neighbor regarding the construction work and how it will affect both properties. However, disputes can arise during the party wall agreement process and it`s important to understand the issues that may arise.
One common issue is the notification process. Under the Party Wall etc. Act 1996, you`re required to serve notice to your neighbor at least two months before the work commences. This notice should include a description of the proposed work, the intended start date, and how it will affect the neighbor`s property. However, if the notice is not served correctly or in a timely manner, it may cause delays or even legal action.
Another issue may be the appointment of a party wall surveyor. If both you and your neighbor cannot agree on a surveyor, then each party will need to appoint their own surveyor. This can lead to increased costs and time delays, as each surveyor will need to agree on the terms of the party wall agreement.
The issue of compensation can also be a contentious topic. If the construction work causes damage to the neighbor`s property, then compensation may need to be paid. However, agreeing on a fair amount can be difficult, especially if there are disagreements over the extent of the damage caused.
It`s important to note that even if both parties agree on the terms of the party wall agreement, disputes may still arise during the construction work. For example, if the construction causes excessive noise or results in a delay to the neighbor`s access to their property, then further disputes may arise.
To avoid party wall agreement issues, it`s important to communicate effectively with your neighbor and ensure that all aspects of the agreement are agreed upon. If you`re unsure about any part of the process, it may be worth seeking the advice of a party wall surveyor or legal professional. By following the correct procedures and communicating effectively, you can ensure that the construction work proceeds smoothly and without any legal repercussions.
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