When you carry out work on structures shared with or near a neighbour's property, the correct course of action is to issue a notice beneath the Party Wall etc Act 1996. But what comes next? This short article describes the process that follows the issuance of a notice, explaining how to approach a dispute to your notice, and what things to expect from the Party Wall Award.
Imagine if a Dispute Arises?
Once 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 as follows:
1. Surveyors are usually appointed by each one of the Owners. Alternatively, the parties can appoint an 'Agreed Surveyor', who's 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 or any parties.
3. Where each one of the Owners appoints a surveyor, they jointly decide on a Third Surveyor who in the event that the appointed surveyors cannot agree on any point will become 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, that is an agreed record between the surveyors of the adjoining properties condition that is likely to be suffering from the proposed works.
This Schedule is re-checked upon completion of the works, and any damage noted.
3. A WAY Statement and drawings (architectural/structural engineers) which indicate how the work is 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 website.
5. The right for either of the appointed surveyors to have usage of inspect the works. That is for the surveyor to check on that the works are being completed as agreed, and allows the surveyor to inspect the neighbouring property for damage or perhaps a particular constructional detail.
6. A confirmation of who is in charge of the fees for drawing up the Award and for checking that the task has been carried out in accordance with the award. It is usual for the Building Owner to pay all costs associated with drawing up the Award if the works are solely for his benefit.
7. A confirmation of who is responsible for payment for the works. This is usually the Building Owner as they are for his benefit. However, there are cases where in fact the Adjoining Owner may be responsible for paying for the main cost, for example: where work to a celebration 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 and building regulation approval.
9. Provision for the surveyors to create further Awards, for example; where the scope of the works alters because of site conditions or upon the works being exposed.
After the Publication of the 'Award' or 'Party Wall Award'
After 14 days have elapsed without an appeal being made to the County Court by either Owner on the grounds that the Award has been made improperly the Building Owner reaches liberty to commence the works.
Upon Party Wall Surveys Bromford 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 amount to 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 that there are no outstanding matters during the conveyance of either of the properties detailed in the Award.