Dealing With Disputes Under the Party Wall Etc Act 1996

When you carry out work on structures shared with or close to a neighbour's property, the proper course of action is 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 things to expect from a Party Wall Award.

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When you have issued a notice under the Party Walls etc Act, if agreement cannot 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 parties.

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

3. Where each of the Owners appoints a surveyor, they jointly select a Third Surveyor who in the event that the appointed surveyors cannot agree on any point will become 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 as well as 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 how the work is usually to be carried.

4. A list of hours and days of permitted noisy dealing with regard to the matters awarded - the Award will not control noise, pollution, hours nor days of employed in the remainder of the website.

5. The proper for either of the appointed surveyors to have usage of inspect the works. That is for the surveyor to check that the works are being completed 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 responsible for the fees for drawing up the Award and for checking that the task has been completed relative to the award. It really is usual for the Building Owner to pay all costs associated with drawing up the Award if the works are solely for his benefit.

7.  Party Wall Surveys Old Oak Common  of who is responsible for payment for the works. That is usually the Building Owner as they are for his benefit. However, there are cases where the Adjoining Owner may be responsible for spending money on part of the cost, for example: where work to a party wall is needed due to defects for which the Adjoining Owner is responsible or where he requests work to be done for his benefit.

8. A requirement that before the works going ahead that unconditional planning permission (normally planning permission is granted with conditions and these ought to be extinguished) is in place and building regulation approval.

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

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

After 2 weeks have elapsed lacking any appeal being made to the County Court by either Owner on the grounds that the Award has been made improperly the Building Owner is at 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 as a consequence of the works becomes the liability of the Building Owner to repair/renew/re-decorate OR in lieu agree a compensation total be paid to the Adjoining Owner

All work must adhere to the Award.  Click for info  ought to be retained and kept with the deeds for future reference since it should be produced with confirmation that there are no outstanding matters during the conveyance of either of the properties detailed in the Award.