Introduction:
The Party Wall Act 1996 provides a legal framework to protect both property owners and neighbours when building works are planned that might affect a shared wall, boundary, or structure. If you've received a party wall notice and initially consented to the works, but now you're having second thoughts, you might wonder, "Can I change my mind?" The short answer is yes, but the specifics can be a bit more nuanced. In this article, we'll explore your options if you've consented to a party wall notice but decide to appoint a surveyor or raise concerns before the work begins.
Can I Change My Mind After I’ve Already Consented?
The good news is that, yes, you can still appoint a surveyor and change your approach, provided that the work has not yet started. Here’s how it works:
1. The Importance of Timing
If you've already consented to the works but have second thoughts before the construction begins, you're still within your rights to appoint a surveyor. Once you’ve consented, the next steps often proceed quickly, and a formal "party wall award" is drawn up by the surveyor(s), outlining the scope of the work, procedures, and safeguards for your property.
However, once the building works commence, it becomes more complicated to alter your stance, so it’s best to act quickly.
Even after consenting, you can still appoint a surveyor (or a pair of surveyors if you disagree with the building owner). The role of a surveyor is to ensure that any proposed works are done safely and in a way that doesn’t damage your property. A surveyor will also assess the potential impact of the work on your property and make sure that your rights under the Party Wall Act are protected.
If you change your mind, you can request that a surveyor review the details of the works. They will help ensure that the building owner adheres to the correct procedures and that you’re fully compensated for any potential risks or damage. If necessary, a party wall award will be issued, which legally binds both parties.
3. Dispute Resolution
If your concerns or objections arise after you’ve initially agreed to the works, a surveyor can also help to resolve any disputes. This could include issues like:
The method of work
Timescales for the construction
How any potential damage to your property will be dealt with
Any potential inconveniences caused by the work
Surveyors are experts in the Party Wall Act, and they can ensure the process follows legal protocols and that your rights are respected.
What Happens If I Wait Too Long?
If the works have already commenced, it becomes significantly more difficult to intervene. Once construction begins, you may not be able to prevent the work or make changes to the agreed terms under the Party Wall Act. At this point, you would have to rely on your surveyor to address any ongoing issues, which might involve dealing with damage after the fact or negotiating compensation for disturbances caused by the work.
To avoid any negative surprises, it’s always best to act promptly and appoint a surveyor before the works begin, even if you’ve already consented.
What Should I Do If I Change My Mind?
If you've given your consent to the party wall notice but are now having doubts, here's what you should do:
Notify the Building Owner: First, communicate with your neighbour or the building owner as soon as possible. Be clear about your concerns and explain that you would like to appoint a surveyor. It’s important to do this before any work begins.
Appoint a Surveyor: You can appoint a surveyor (or two, if there’s a disagreement) to act on your behalf. A surveyor will review the proposed works, help mediate any disputes, and ensure your property is protected during construction.
Review the Party Wall Award: Once a surveyor is appointed, they will review the works, and if necessary, issue a party wall award. This award outlines the agreed-upon terms and ensures that both parties are clear on their rights and responsibilities.
Conclusion: Don’t Wait Until It’s Too Late!
Changing your mind after consenting to a party wall notice is possible, but timing is crucial. If you’re concerned about the potential impact of your neighbour’s construction work, appointing a surveyor early on ensures your property is protected` and any issues can be addressed before the works begin.
At Rellim Surveyors, we specialise in helping property owners navigate the complexities of the Party Wall Act. Whether you’ve consented, dissented, or are unsure, we can help ensure your rights are safeguarded.
If you're unsure about any aspect of a party wall notice or need assistance appointing a surveyor, contact Rellim Surveyors today for expert advice.
Contact Us: If you need advice or assistance with a party wall issue, don’t hesitate to get in touch with our team at Rellim Surveyors. We're here to guide you through the process and ensure your property is protected.
Email Us: hello@rellimsurveyors.co.uk
Telephone: 0333 090 7598 ( Local Fee )
Call Us: 0771 899 1294
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