Dealing With Disputes Under the Party Wall Etc Act 1996

When  https://thehearup.com/things-to-consider-before-installing-skylights-in-your-home/34988/  carry out work on structures shared with or near a neighbour's property, the proper course of action would be to issue a notice beneath the Party Wall etc Act 1996. But what comes next? This short article describes the procedure 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.

What if a Dispute Arises?

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

The process is really as follows:

1. Surveyors are often 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 individual Surveyors jointly, will produce an Award which should 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. The scope of the works proposed by the Building Owner as well as any ancillary temporary works and protection to prevent damage.

2. A Schedule of Condition, that is an agreed record between the 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 how the work is to be carried.

4. A list of hours and days of permitted noisy dealing with regard to the matters awarded - the Award does 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 possess access to inspect the works. That is for the surveyor to check on that the works are increasingly 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's 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 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. This is generally the Building Owner as they are for his benefit. However, there are cases where in fact the Adjoining Owner could be responsible for spending money on section 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 achieved 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 ought to be extinguished) is in place as well as building regulation approval.

9. Provision for the surveyors to create further Awards, for instance; where in fact 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 14 days 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 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 instead agree a compensation amount to be paid to the Adjoining Owner

All work must comply with the Award. The Award ought to 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 through the conveyance of either of the properties detailed in the Award.