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Fareed Fetto & Co
CDM Consultancy Party Wall Surveying Structural Engineering
Questions relating to the Party Wall etc. Act 1996 ("the Act")
🍐When things go wrong 🍐!
I am a Building Owner
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I am working on my own property. Next thing I know I receive a solicitor's letter from my neighbour claiming that I am in breach of the Law. What is going on?
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You may be doing works which fall under the Act, or your neighbour suspects that you are doing so. If you have not heard of the Act, you had better read it up and check whether your works qualify. If yes, then stop immediately, go to your neighbour and let them know you will be serving notice under the Act. Then do so!
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But I don't know what notice to serve and I cannot afford to pay for my builders to wait for all this to be sorted out!
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We understand, but it would be cheaper for you to go for the Act than to become entangled in long and expensive legal processes. Yes, surveyors will charge fees, but all in all, we think that going for the Act will be the cheaper and satisfactory option. After all, you may be asked for evidence of compliance with the Act at conveyance of your property one day!
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Nonsense! I was told that the Act was optional and I do not have to use it!
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Not so!! Although everything is optional to an outlaw, but for you, a law-abiding citizen, the Act is not optional, and if you continue without using the Act, it is very likely that your neighbour's threatened injunction will become a hard and painful reality costing you a great deal of money, not to mention serious delays to your works and emotional stress, not to mention a falling out with your neighbour!
.....to be continued.....