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?
At Rellim Surveyors, we often receive questions about whether an Adjoining Owner can change their mind after consenting to a Party Wall Notice. This situation may arise after you’ve given consent, but before the works have begun—or even after the works have already commenced. It's important to understand the legal framework under the Party Wall Act regarding this issue.
1. Consent Once Given Is Considered Final
The consent is binding: Under the Party Wall Act, once the Adjoining Owner gives written consent to the proposed works, it is considered a formal Notice. This Notice is legally binding and cannot be retracted.
No withdrawal allowed: Once consent has been granted in writing, the Adjoining Owner cannot reverse that consent. There is no provision in the Act that allows for the withdrawal of a previously given consent. Therefore, the consent is considered final once given, and this decision cannot be changed.
2. What If the Consent Notice Contains Errors?
Notice becomes valid despite errors: It’s possible that an Adjoining Owner might want to dispute the validity of the Notice due to errors or omissions. However, the Party Wall Act states that by either consenting or dissenting to the works, the Notice becomes valid—even if there are minor mistakes in its details.
What to do if there’s a significant issue with the Notice: If there are significant issues with the Notice (such as incorrect or missing information), it should be rejected. In such cases, it is recommended to explain the reasons for the rejection clearly in writing. This helps to avoid confusion and ensures that both parties are aware of the problem.
3. What If Damage Occurs During the Works?
Addressing damage disputes: If the works result in damage to your property, you may need to resolve a dispute regarding repairs or compensation. The Party Wall Act includes a process for resolving such disputes under Section 10.
Resolution through Section 10: Section 10 of the Act provides a clear mechanism for resolving disputes over damages or the scope of repairs. If there’s a disagreement over the damage caused, independent surveyors may be appointed to help resolve the issue fairly.
4. Key Takeaways
Can I change my mind? Once consent is given, it is legally binding and cannot be withdrawn or reversed.
Notice validity: Even if there are errors in the Notice, once consent or dissent is given, the Notice is valid.
Handling damage: If damage occurs, Section 10 of the Party Wall Act outlines a procedure to resolve disputes over repairs or compensation.
At Rellim Surveyors, we are here to guide both Building and Adjoining Owners through the complexities of the Party Wall Act. If you are unsure about your rights, responsibilities, or any aspect of a Party Wall Notice, feel free to reach out to us for professional advice and assistance.
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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