Dealing With Disputes Under the Party Wall Etc Act 1996

When you carry out work on structures distributed to or close to a neighbour's property, the correct 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 deal with a dispute to your notice, and what to expect from a Party Wall Award.

What if a Dispute Arises?

After 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 matter is in dispute.

The process is as follows:

1. Surveyors are often appointed by each 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 one of the Owners appoints a surveyor, they jointly decide on a Third Surveyor who when 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 following elements;-

1.  Right of Light Consultants Barnet  of the works proposed by the Building Owner together with any ancillary temporary works and protection to prevent 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 Method Statement and drawings (architectural/structural engineers) which indicate the way the work is usually to be carried.

4.  Right of Light Consultants Woodford  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 employed in the remainder of the site.

5. The proper for either of the appointed surveyors to have access to inspect the works. That is for the surveyor to check that the works are increasingly being completed 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 carried out in accordance with 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 in charge of payment for the works. This is generally the Building Owner because 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 instance: 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 set up and 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.

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

After 14 days 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 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 as a consequence 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 ought to be retained and kept with the deeds for future reference since it should be produced with confirmation there are no outstanding matters through the conveyance of either of the properties detailed in the Award.