Dealing With Disputes Beneath the Party Wall Etc Act 1996

When you perform work on structures shared with or near a neighbour's property, the proper course of action would be to issue a notice under the Party Wall etc Act 1996. But what comes next? This short 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.

What if a Dispute Arises?

Once you have issued a notice beneath the Party Walls etc Act, if agreement cannot be reached between neighbouring parties or the notice has expired, the problem is in dispute.

The process is really as follows:

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

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

3. Where each one of the Owners appoints a surveyor, they jointly decide on a Third Surveyor who when the appointed surveyors cannot acknowledge any point will become an 'umpire'.

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

The Award usually includes the following 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, that is an agreed record between your surveyors of the adjoining properties condition that's likely to be affected by 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 list of hours and days of permitted noisy working with regard to the matters awarded - the Award will not control noise, pollution, hours nor days of working in the remainder of the site.

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 increasingly being carried out as agreed, and allows the surveyor to inspect the neighbouring property for damage or 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 in accordance with the award. It really is usual for the Building Owner to pay all costs connected with drawing up the Award if the works are solely for his benefit.

7. A confirmation of who is in charge of payment for the works. That is generally the Building Owner as they are for his benefit. However, you can find cases where the Adjoining Owner could be responsible for paying for area of the cost, for instance: where work to a celebration wall is needed because of defects for which the Adjoining Owner is responsible or where he requests work to be done for his benefit.

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

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

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

After 14 days have elapsed lacking any appeal being designed to the County Court by either Owner on the lands that the Award has been made improperly the Building Owner is at liberty to commence the works.

Upon  Party Wall Surveys South Yardley  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 adhere to the Award. The Award should 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.