Party walls disputes

Resolving Party Wall Disputes Under the Party Wall etc. Act 1996

Party wall disputes often arise when building work impacts a shared wall, boundary wall, or the vicinity of the boundary between two properties. To address these issues, the Party Wall etc. Act 1996 provides a legal framework to handle disputes and maintain good relations between property owners. Understanding the causes, processes, and legal remedies can help you stay prepared should disputes arise.

What Causes Party Wall Disputes?

Common triggers for party wall issues include building work such as constructing a new wall, excavating foundations, or altering an existing party wall. For instance, if a building owner plans to build an extension, dig near a neighbouring property, replace a boundary wall due process, disputes are likely to follow.

Structural concerns like the lack of repair to a shared wall, or disagreement over additional work, can also spark conflicts.

Another point of contention occurs when property owners fail to serve a proper party wall Act notice. This legal document ensures neighbouring owners are informed about the work and its potential impact. Without it, trust can quickly break down.

Legal Framework Under the Party Wall etc. Act 1996

This Act applies to party walls, garden walls, and boundary walls, as well as adjacent excavation work near another property. Any building owner undertaking relevant work must serve a notice of their intentions on the adjoining owner. The owner’s notice of their intentions should detail the proposed work and comply with strict time limits.

The adjoining owner has the right to consent, dissent, or request modifications. If there’s no agreement, it becomes a party wall dispute requiring further action. It’s worth noting that planning permission and Land Registry records do not bypass the Act’s requirements.

The party wall Disputes Resolution Process

When disputes arise, the best way to resolve them is through the appointed surveyors. Each party can appoint their own surveyor, or agree to share a joint, or agreed, surveyor. These professionals act impartially to prepare a party wall award—a legal document that outlines how the building work will proceed while minimizing the risk to the neighbouring property. Both parties may share the surveyor’s fees or handle costs separately, as determined by the award.

If the appointed surveyors disagree, they may jointly select a third surveyor to adjudicate. This approach keeps the matter out of court wherever possible, reducing the time and cost of resolving party wall matters.

Legal Remedies

Failing to comply with the Act opens the door to serious consequences. An adjoining owner can apply for a county court injunction or other legal action to stop unlawful work. If an award is ignored, property owners may submit an appellant’s notice to the county court to challenge non-compliance. A court order can further strengthen or amend arrangements.

For more complex issues, such as work affecting a party structure or disputes over surveyor’s hourly rates, seeking legal advice is a good idea. This ensures you understand your rights and obligations.

Prevention is Key For party wall disputes

Handling party wall issues proactively ensures smoother interactions with neighbours and reduces the risk of disputes. Serving correct notices on time, appointing experienced surveyors, and following the legal dispute resolution process are essential steps. For building owners, working in accordance with the Act not only protects their project but also preserves neighbourly relations.

Navigating party wall disputes doesn’t have to be daunting. By following the law and seeking expert help when needed, property owners can handle disputes respectfully and effectively.s