Party Wall Disputes
A party wall dispute is usually resolved by each boundary owner appointing a surveyor to agree terms of a party wall award. Metcalfe Briggs often handle party wall disputes and would therefore be happy to discuss your circumstances today.
What is a party wall dispute?
At least 14 days before a building owner plans to begin work involving a party wall (or excavations near to a party wall) they must provide the adjoining building owner(s) with a party wall notice. The adjoining owner can either consent or dissent and not responding at all within 14 days is seen as dissent. In the case of dissent under The Party Wall Act etc. 1996 the parties are deemed to be 'in dispute' with one another.
What happens when a party wall dispute arises between two parties?
Example 1: 1 surveyor
Both parties agree on an impartial surveyor to fully investigate, propose and eventually serve a party wall agreement which would see both parties consent.
Example 2: 2 Surveyors
Each party appoints a surveyor to represent their interests. The surveyors settle the dispute on behalf of their clients and propose and serve a party wall agreement.
Example 3: 3 surveyors
If the two appointed surveyors are unable to settle the dispute on behalf of their clients on their own due to disagreements in one way or another, a third surveyor is sometimes referred to in order to settle any issues.
Example 4: Your neighbour doesn't appoint a surveyor
You appoint a surveyor for your neighbour, on behalf of them, if they refuse to do so themselves.
What happens if you don't agree with the Party Wall Award?
You need to appeal to a county court within 14 days of receiving the party wall award. You can find a county court here.
How can you protect your property from a party wall dispute?
Speak to an RICS regulated Chartered Building Surveyor such as Metcalfe Briggs today.