In other words, if you are doing structural work on a wall that you share with your neighbors, you need a party wall contract. A contractor who wants to enforce his right of access through a non-compliant neighbour does not have to look at justice. In one of the coloured sections of the law, the owner is granted the right to “force fences or doors to enter the site… accompanied by a constaulator or another police officer.” Surveyors also manage the price of the party and determine the time and manner in which the work should be carried out. Like: work schedules, access and security to reduce the risk of property damage. Whatever you do, you should not be tempted to disrespect the provisions of the law to save money. Inaction with work without notifications, consents and agreements is a dangerous practice, in addition to being illegal. An agreement on party walls, covered by the party walls law, includes common walls between semi-detached houses and semi-detached houses or structures such as floors between apartments or duplexes, as well as garden walls. In addition to changes that directly affect structures, the effects of excavations within 3 to 6 metres of the border may be covered by law if the foundations are considered probable (based on depth). It is always a good idea to discuss proposals before they are presented.
If you take your neighbor on board, they can simply accept the job (but you will need this in writing) and you will not have to pay a fee. Jon explains: “While this option is a little more expensive, this option often leads to a quicker conclusion of party prices, because the two appointed surveyors have a good understanding of the law and work proactively. Above all two heads are better than one! You can use this letter from the HomeOwners Alliance to send it to your neighbors. The law on the party wall does not refer to retroactive notices or rewards. In previous cases, it has been shown that work can be authorized after the fact, but only if the evaluators believe they can be authorized – this will not be the case if they have caused damage. If a neighbour has already completed the associated part of his work, it is a matter of expecting consequences like. B damage to the property of the neighbouring owner. If the neighbours cannot agree, it must be judged. 5. An adjacent owner may deny his neighbour access to carry out his work.
Before you send the notification, talk to your neighbours about your plans and make sure they understand what you plan to do. Your neighbour`s right to light is not limited or limited by the fact that the municipality has granted you planning permission for your project or because your project is an authorized project and therefore does not require a building permit. 3. The best way to deal with a neighbour who has advanced his work without notice is to create a retrospective distinction. If you cannot leave the subject unresolved, the issue of crossing the party line will be without the agreement of the legal question. Photo: iStock While it can be very easy to recognize a common party structure, such as.B. a wall between two terraces, it can be difficult to identify common boundaries. That`s why we always recommend that you have an architect on board who will be able to detect these problems in advance and advise you on when to act.