隔壁家来通知我们说要extension厨房. 那边紧挨着我们.
更新： 邻居家扩建， council 同意了。 然后他们给我们来了一封信， 内容如下
I, as building owner of (邻居地址）which adjoins your premises known as (我家地址）。 I hereby serve you with NOTICE as required by section3(1)
that after the expiration of two calendar months. From the service of of this notice, I intend to exercise the rights given to me by the Party Wall etc.Act1996, Section2,
Subsection(2)paragraphs…
By executing the works under mentioned, “single storey rear exention” and I propose to commence the works after the expiration of two months from the date of this
notice or earlier if you agree.
然后让我们签字。
根据 party wall act 1996， 邻居的通知也必须以书面形式表达他的要求。你收到他的通知可以有3个选择
1 同意（书面） 2 不同意 （书面）3 do nothing. 如果你选择了3 ，根据法案规定， 默认为有争议，如法案写着“after a period of 14 days from the service of your notice, the person receiving the notice has done nothing, a dispute is regarded as having arisen”
According to the party wall act. Anyone expect the property owners can be the party wall surveyor. The cost DO NOT have to be paid by your neighbours, you have to sign the agreement to clear state that the cost of appointing a surveyor or any potential damage and repair works have to be paid by your neighbours. 请注意这里的DAMAGE 不是一下就发生的，可能会等几年再出现，比如邻居加建LOFT CONVERSION的时候放了一根钢梁在PARTY WALL上，开裂可能在2年以后发生，做EXTENSION的时候把墙建在公用的地基上了，3年后发现地基下沉之类的，你在合同里都要签好，比如说10年之内由于你邻居的改建才出现的问题修理费也要他出。 See below copied from the Party wall act 1996.
12 What if I cannot reach agreement with the Adjoining Owners on the work to be done to the party wall?
The best way of settling any point of difference is by friendly discussion with your neighbour. Agreements should always be put in writing.
If you cannot reach agreement with the Adjoining Owners, the next best thing is to agree with them on appointing what the Act calls an “Agreed Surveyor” to draw up an “Award”. The surveyor must be a person agreed between the owners to act.
Alternatively, each owner can appoint a surveyor to draw up the award together. The two appointed surveyors will select a third surveyor (who would be called in only if the two appointed surveyors cannot agree or either of the owners or either surveyor calls upon the third surveyor to make an award).
In all cases, surveyors appointed or selected under the dispute resolution procedure of the Act must consider the interests and rights of both owners and draw up an award impartially.
Their duty is to resolve matters in dispute in a fair and practical way.
Where separate surveyors are appointed by each owner, the surveyors must liaise with their appointing owners and put forward the respective owners’ preferred outcome. However, beyond that the surveyors do not act as representatives for the respective owners. They must always act consistently with the terms of the Act to reach a fair and impartial award.
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13 Who can I appoint as a surveyor in the event of a dispute?
The term “surveyor” under the Act can include any person who is not a party to the matter. This means that you can appoint almost anyone you like to act in this capacity. However, the person should not have already been engaged to supervise the building work. The surveyor should also have a good knowledge of construction and of procedures under the Act. You cannot however act for yourself.
Some people are obviously more suitable than others. You may wish to look for a qualified building professional with some experience or knowledge of party wall matters - see Part 6, Further Information, at the end of this booklet.
14 What does the surveyor do?
The surveyor (or surveyors) will settle the matter by making an “award” (also known as a “party wall award”). This is a document which:
•
sets out the work that will be carried out
•
says when and how the work is to be carried out (for example to limit continuous periods of time when excessively noisy work can be carried out);
•
specifies any additional work required (for example necessary protection to prevent damage);
•
often contains a record of the condition of the adjoining property before the work begins (so that any damage to the adjoining land or buildings can be properly attributed and made good);
•
allows access for the surveyor(s) to inspect the works while they’re going on as may be necessary (to see that they are in accordance with the award).
It is a good idea to keep a copy of the award with your property deeds when the works are completed.
15 Who pays the surveyor’s fees?
The surveyor (or surveyors) will decide who pays the fees for drawing up the award and for checking that the work has been carried out in accordance with the award. Usually the Building Owner will pay all costs associated with drawing up the award if the works are solely for his benefit.
16 Is the surveyor’s award final?
The Award is final and binding unless it is rescinded or modified by a county court on appeal. Each owner has 14 days from service of the award on him to appeal to the county court against the award.
An appeal should not be undertaken lightly, and an unsuccessful appellant may incur an award of costs against him. An owner considering an appeal may well wish to seek legal advice.
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17 Who pays for the building works?
Your agreement with the Adjoining Owner, or the award in the event of a dispute, will set this out.
The general principle in the Act is that the Building Owner who initiated the work pays for it if the works are solely for his benefit. However, there are cases where the Adjoining Owner should pay part of the expense of the works. This is set out in section 11 of the Act and covers for example:
•
where work to a party wall is needed because of defects or lack of repair for which the Adjoining Owner may be responsible (in full or in part).
•
where an Adjoining Owner requests that additional work should be done for his benefit
更新： 邻居家扩建， council 同意了。 然后他们给我们来了一封信， 内容如下
I, as building owner of (邻居地址）which adjoins your premises known as (我家地址）。 I hereby serve you with NOTICE as required by section3(1)
that after the expiration of two calendar months. From the service of of this notice, I intend to exercise the rights given to me by the Party Wall etc.Act1996, Section2,
Subsection(2)paragraphs…
By executing the works under mentioned, “single storey rear exention” and I propose to commence the works after the expiration of two months from the date of this
notice or earlier if you agree.
然后让我们签字。
