Dealing With Disputes Under the Party Wall Etc Act 1996

When you perform work on structures shared with or near a neighbour's property, the correct course of action would be to issue a notice beneath the Party Wall etc Act 1996. But what comes next? This article describes the process that follows the issuance of a notice, explaining how to approach a dispute to your notice, and what to expect from a Party Wall Award.

Imagine if a Dispute Arises?

When you have issued a notice beneath the Party Walls etc Act, if agreement can't be reached between neighbouring parties or the notice has expired, the matter is in dispute.

The process is as follows:

1. Surveyors are usually appointed by each one of the Owners. Alternatively, the parties can appoint an 'Agreed Surveyor', who is acceptable to all or any parties.

2. The Agreed Surveyor, or the average person Surveyors jointly, will produce an Award which must be fair and impartial to all or any parties.

3. Where each of the Owners appoints a surveyor, they jointly decide on a Third Surveyor who in the event that the appointed surveyors cannot agree on any point will act as an 'umpire'.

The Publication of an 'Award' or 'Party Wall Award'

The Award usually includes the next elements;-

1. The scope of the works proposed by the Building Owner together with any ancillary temporary works and protection to avoid damage.

2. A Schedule of Condition, which is an agreed record between the surveyors of the adjoining properties condition that's likely to be suffering from the proposed works.

This Schedule is re-checked upon completion of the works, and any damage noted.

3. A WAY Statement and drawings (architectural/structural engineers) which indicate the way the work is to be carried.

4. A listing of hours and days of permitted noisy working with regard to the matters awarded - the Award does not control noise, pollution, hours nor days of working in the remainder of the website.

5. The proper for either of the appointed surveyors to possess usage of inspect the works. This is for the surveyor to check that the works are increasingly being carried out as agreed, and allows the surveyor to inspect the neighbouring property for damage or perhaps a particular constructional detail.

6. A confirmation of who is in charge of the fees for drawing up the Award and for checking that the work has been completed relative to the award. It is usual for the Building Owner to cover all costs associated with drawing up the Award if the works are solely for his benefit.

7. A confirmation of who is responsible for payment for the works. That is usually the Building Owner as they are for his benefit. However, you can find cases where the Adjoining Owner could be responsible for spending money on the main cost, for instance: where work to a celebration wall is needed because of defects that the Adjoining Owner is responsible or where he requests work to be achieved for his benefit.

8. https://westmidlandssurveyor.co.uk/best-party-wall-surveys-west-midlands/ that before the works going ahead that unconditional planning permission (normally planning permission is granted with conditions and these ought to be extinguished) is set up along with building regulation approval.

9. Provision for the surveyors to create further Awards, for instance; where the scope of the works alters because of site conditions or upon the works being opened up.

After the Publication of the 'Award' or 'Party Wall Award'

After 2 weeks have elapsed without an appeal being designed to the County Court by either Owner on the lands that the Award has been made improperly the Building Owner reaches liberty to commence the works.

Upon completion of the works, the surveyors will check the Schedule of Condition and note if any damage has occurred. Any noted damage because of the works becomes the liability of the Building Owner to repair/renew/re-decorate OR instead agree a compensation amount to be paid to the Adjoining Owner

All work must comply with the Award. The Award should be retained and kept with the deeds for future reference as it will need to be produced with confirmation that there are no outstanding matters during the conveyance of either of the properties detailed in the Award.