BENFLEET
THE PARTY WALL PEOPLE
We work with people in Benfleet who need help with the Party Wall Etc. Act 1996 . We can serve party wall notices,
visit properties and conduct schedules of condition and as needed, serve party wall awards (party wall agreements).
Our 100% 5-star rating on Google speaks to our professional, personal and expert service
​We hold membership with the Faculty of Party Wall Surveyors (FPWS) and the Chartered Association of Building Engineers (CABE)
We have both Public Liability and Professional Indemnity Insurance.
​The Party Wall People are in Chelmsford, Essex and travel to client’s premises all over the southeast of England.
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If you have any questions about the party wall act, please feel free to contact us for a free, no obligation consultation.
AN OVERVIEW OF THE PARTY WALL ACT
The Party Wall etc. Act 1996 (the “Act”) confers rights on an owner which may not otherwise exist. The Act grants rights to the person(s) wanting to carry out building works which are specifically caught by the Act. You can read about some of these here.
It also provides important protection for the owners of neighbouring properties, who typically have no desire for such works to take place.
If you are a property owner planning to undertake work to a party structure it is very important that you follow the statutory provisions of the Act.
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The Courts take a dim view of undertaking work and failing to comply with the act. The Courts have also confirmed that any dispute arising from work to a Party Wall should first be resolved by the provisions of the the act before an owner resorts to legal action. The Party Wall etc. Act 1996 is therefore the primary legislation determining disputes on Party Wall related matters.
If you need assistance with a project in Benfleet please contact TPWP for free advice and a bespoke quotation.
We would be happy to help you.
FREQUENTLY ASKED QUESTIONS
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CAN I START WITHOUT A PARTY WALL AGREEMENT?
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You can’t start any of the notifiable works without a consent from your neighbour or until a Party Wall Award is served. However, you may be able to do other work on your project which have been approved by planning approval for example. Some people serve the notices and even get an award in place before planning is approved to save time.
WHO WILL PAY THE FEES?
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Usually the Surveyors fees are covered by the Building Owner. The cost of two different surveyors will usually be higher than that of an Agreed Surveyor. It is worth knowing that the time to agree the Party Wall Award might also be longer.
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CAN I JUST SERVE MY OWN PARTY WALL NOTICE?
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You are able to produce and serve your own notices… But if they are served incorrectly they are invalid you will need to start all over again which could delay the start of your project. Having this done early on by a Party Wall Surveyor will deal with this potential risk.
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WHEN DO I NEED TO TELL MY NEIGHBOURS?
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Timing is important, running through your project to check if any elements will require serving notice can remove stress from the project early on, allowing you to concentrate on the rest of the job. We would recommend getting in touch as soon as a planning application is submitted, if you intend to begin works promptly.
CAN MY NEIGHBOUR STOP MY PROJECT?
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Your neighbour can’t stop you carrying out the project by not responding. If this happens then the Act allows you to appoint another Surveyor on their behalf so that an Agreement/Award can be served. You can’t have an Agreed Surveyor in this scenario.
WHAT ARE THE RISKS IF I DON’T SERVE A NOTICE?
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It's illegal to start notifiable works without a notice. Your neighbour has the right to serve an injunction and stop the work.
If you have done some work which might hinder your neighbour’s ability to have a project of their own, without serving the correct notice, you will be liable to compensate for any remediation or damages caused under common law. You will have to cover the cost for undoing this work and any related design fees.
DO I NEED TO INFORM MY NEIGHBOUR IF I WANT TO PUT UP A SHELF OR MOVE AN ELECTRICAL SOCKET?​
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These examples of work would be considered to be minor and such works would not need to be notified under the Act.
IS A TIMBER FENCE A PARTY WALL?
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No, although references are sometimes made to shared or 'party fences'. These do not fall under the Act..