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Disputing Party Wall Notice

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Thank you for clicking on today’s Property Surveying blog post.  In today’s blog we are going to be looking at party wall surveying procedures.

Party wall surveying procedures are one of the most common and typical services that our party wall surveyors provide here at Stokemont.  If you would like to read more about Stokemont you can click on our About Us page, or alternatively feel free to give us a call to discuss how our party wall surveyors can be of assistance to you.

In the event of a Party Wall Notice dispute, the adjoining owner would have formerly dissented to the Party Wall Notice.

Upon dissenting to the Party Wall Notice, at that stage the party wall procedures will then come into plan, and ultimately the adjoining owner will be afforded the protection as provided to them by the Party Wall etc. Act 1996

These protections include, however are not limited to:

Party Wall Surveyor Review

Party wall surveyor review is the primary protection that an adjoining owner will be afforded post dissent to a Party Wall Notice. 

The party wall surveyor is going to be looking at the planned building owner’s construction works and particularly the party wall works

This review is going to take place from the perspective of the adjoining owner’s property, to ensure that the risks associated with the planned works are at their lowest possible level. 

The party wall surveyor is likely to do this through implementing various different procedures. These will commonly include:

Schedule of Condition Report

A Schedule of Condition report involves the building owner’s party wall surveyor, and adjoining owner’s party wall surveyor, visiting the adjoining owner’s property prior to the planned construction works taking place. 

The Schedule of Condition report is going to see the adjoining owner’s property fully scheduled and recorded by both a photographic and written record. 

This record will later be formalised into a document and referred to as the Schedule of Condition report. 

The Schedule of Condition report will importantly focus on those areas of the adjoining owner’s property that are in close proximity to the building owner’s planned construction work and particularly the party wall element of it. 

The aim of the Schedule of Condition report is to ensure that there is a robust record in place, thereby protecting the adjoining owner in the event of damage, or in the event of claim of damage. 

Schedule of Condition reports are also commonly checked off post construction work, the aim being to ensure that the adjoining owner is made aware of any issues or damage that has occurred to their property. 

Party Wall Awards

Party Wall Awards, also commonly referred to as Party Wall Agreements are the outcome of the Party Wall etc. Act 1996 procedures. 

The Party Wall Award is similar to a contract, and effectively protects the adjoining owner against any issue of damage resulting from the planned works. 

It does this by ensuring that there is a set out procedure should damage or issue occur.

It is important to note, that the Party Wall Award will also set out various different clauses and stipulations that the building owner’s contractor needs to adhere to during the course of the works. 

Typical inclusions into the Award will include however are not limited to:

  • Work timings, including days of work.
  • Requirements for contractor restriction, such as the use of hand tools on party walls. 
  • Stipulations on how foundations should be dug.
  • Stipulations on when foundations should be filled, how soon after being dug. 
  • Stipulations on procedures in respect of damage claim.
  • Scenarios in place should works change, alter or be amended.

All of these provisions are ultimately going to go in place to ensure that both the adjoining owner’s property and the building owner’s construction works are carefully considered from the perspective of one another. 

Party Wall Dispute

While the Party Wall Award is the ultimate conclusion of the Party Wall etc. Act 1996, in the event that there is a further dispute resulting from the works, contractor issue, owner issue, or any other matter, the Party Wall Award will ultimately set out how these disputes are handled and dealt with.

Commonly this will be through further party wall surveyor input, giving the respective owners an all important vessel to rely upon in the event of issue.

If you would like to discuss party wall surveying procedures with our team of experienced and qualified surveyors, please feel free to give us a call today and we will be more than happy to assist and advise you.

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