Here at Stokemont we deal with a wide range of Party Wall disputes each and every day, you may be wondering what a party wall dispute is. If so, we hope that this blog post answers some of the queries you may have and helps clear up the Party Wall Acts dispute resolution procedures.
The Party Wall Act comes into play when a building owner is undertaking works in close proximity to an adjoining property.
If a building owner is planning on building a new wall up to or astride the boundary, carrying out works directly to a party wall or structure or excavating within 3m of an adjoining property then they are legally required to serve a party wall notice upon the relevant adjoining properties(s).
The adjoining owner has three response options available to the party wall notice. Firstly, they can consent which gives the building owner the go ahead to proceed with the works.
Alternatively, they can dissent to the party wall notice and appoint either an ‘Agreed Surveyor’ or their own independent party wall surveyor. If the adjoining dissents to the notice, then there is deemed to be an on-going party wall dispute.
If the adjoining owner does not respond to the party wall notice within the notice period, then there is automatically deemed to be a dispute. At this stage, the building owner can appoint a Party Wall Surveyor on behalf of the non-responsive owner to create a party wall award which will then allow them to proceed with their proposed works.
Once a Party Wall Surveyor is appointed as a result of the party wall dispute, they will then take a thorough review of the works and identify all potential risks and nuisances to the adjoining property.
If there are two Party Wall Surveyors appointed, these two surveyors will then select a Third Surveyor. The Third Surveyor will only be appointed when there is a dispute that cannot be solved between the two surveyors.
When an ‘Agreed Surveyor’ is appointed there is no third surveyor selected.
Following on from this the Party Wall Surveyor(s) will then visit the adjoining property to undertake a Schedule of Condition to ensure there is a legal record in place of the condition before the commencement of the works which will assist in dispute resolution in the event of damage to the adjoining property.
After carrying out the Schedule of Condition the Party Wall Surveyor will then write up the Party Wall Award which essentially governs the building owners works. Within this document the full scope of the works is clearly stated, a series of guidelines which the contractors must adopt & the process which should be followed in the event of issue.
The Party Wall Award is the document which concludes the Party Wall procedures and allows the building owner to proceed with their proposed works. Under Section 10(17) of the Party Wall Act, either party can appeal to the county court against the Party Wall Award within 14-days of its service date.
If this were to happen the court would rescind the award or modify the award so that it is fit for purpose.
A common question that is asked by owners is whether they can sack their party wall surveyor, the answer to this is no. The Act states that a surveyor can only be relieved of his duty if he either refuses to act, neglects to act for a period of ten days, dies before the dispute is settled or becomes or deems himself incapable of acting.
When there is deemed to be a dispute under the Party Wall Act, the building owner who is undertaking the works is liable for all fees related to the Acts procedures and the adjoining owner should be at no loss for works that are of no benefit to them.
The only situation where an adjoining owner may find themselves liable for Party Wall Surveyors fees is if there is a Third Surveyor referral and this surveyor deems the adjoining owner liable for their fee.
If you currently have an on-going party wall dispute and would like some advice on the matter, please do not hesitate to contact our team of experienced RICS Building & Party Wall Surveyors who would be more than happy to put your mind at ease. Please contact our team by clicking here.
