Party Wall notices and moving neighbours

[sa321]

Hello

Problem: I need to get party wall issues sorted with my neighbour. I prepared a notice and all. Neighbour agreed and will sign it but he is in the process of selling his house.

As I understand I need to get notice given 2 months before construction starts but as his house is now under offer I don’t know (neither does he) if he will complete the sale in a month or two or three.
Do I need to serve another notice and wait another two months before construction if new owner moves in lets say two weeks from now or 1 day before I start work under the agreement with the current owner?

Many thanks

 

[jeds]

If your neighbour agrees you can start work immediately. Two months only applies if your neighbour dissents and you are forcing a start.

 

[sa321]

thank you. this is very helpful info to know. i still have the original question though. the construction company can only start in two-three months at which point the house can change hands.

what does start of construction actually mean? if my neighbour is ok now and I dig a 1 yard hole next to the wall and then wait 2 months for main construction to start will that work?

 

[jeds]

Under the act an owner includes any purchaser of an interest in land. In other words if your current neighbour agrees the award then any new neighbour is bound by the agreement. It is your neighbours responsibility to draw the new owners attention to the existance of the award.

 

[^woody^]

But if the neighbour notifies the potential buyers, then it could jeopardise the sale.

So tell him its in his interest to sign now