When you perform work on structures distributed to or close to a neighbour's property, the proper course of action is to issue a notice under 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 approach a dispute to your notice, and what to expect from a Party Wall Award.
Imagine if a Dispute Arises?
After you have issued a notice beneath the Party Walls etc Act, if agreement can't be reached between neighbouring parties or the notice has expired, the matter is in dispute.
The process is really as follows:
1. Surveyors are usually 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 individual Surveyors jointly, will produce an Award which must be fair and impartial to all 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, which is an agreed record between your surveyors of the adjoining properties condition that's likely to be suffering from 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. A list of hours and days of permitted noisy dealing with regard to the matters awarded - the Award will not control noise, pollution, hours nor days of working in the remainder of the site.
5. Party Wall Surveys Bordesley Green for either of the appointed surveyors to have access to inspect the works. That is for the surveyor to check on that the works are increasingly being carried out 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 work has been carried out relative to 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's in charge of payment for the works. This is generally the Building Owner because they are for his benefit. However, you can find cases where the Adjoining Owner may be responsible for paying for 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 done 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 set up along with building regulation approval.
9. Provision for the surveyors to create further Awards, for instance; where the scope of the works alters due to site conditions or upon the works being opened up.
Following the Publication of the 'Award' or 'Party Wall Award'
After 14 days have elapsed lacking any 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 in lieu agree a compensation total be paid to the Adjoining Owner
All work must adhere to the Award. The Award should be retained and kept with the deeds for future reference as it should be produced with confirmation there are no outstanding matters through the conveyance of either of the properties detailed in the Award.