A party wall dispute can be a stressful and complex process for both property owners involved. A party wall dispute typically arises when building work is carried out on a shared wall or boundary, and one or both property owners are not satisfied with the plans or procedures followed. In this article, we will discuss the process and steps involved in a party wall dispute.
What is a Party Wall Dispute?
A party wall dispute typically arises when building work is carried out on a shared wall or boundary without the necessary legal requirements being met. This can include failing to serve a party wall notice, not obtaining the necessary written consent from neighbors, or not following the legal procedures outlined in the Party Wall Act 1996.
What Are the Steps Involved in a Party Wall Dispute?
The steps involved in a party wall dispute can vary depending on the nature and severity of the dispute. However, some of the typical steps involved in a party wall dispute include:
- Notice – The first step in any party wall dispute is to serve a party wall notice to your neighbor, detailing the work you intend to carry out and giving them the opportunity to provide written consent or raise any concerns they may have.
- Response – Your neighbor then has 14 days to respond to the party wall notice and either provide written consent or raise any concerns they may have.
- Surveyor – If your neighbor objects to the work or fails to respond to the party wall notice, you may need to appoint a surveyor to mediate and help resolve the dispute. A surveyor can help facilitate communication and find a mutually agreeable solution.
- Award – If a surveyor is appointed, they will prepare a party wall award outlining the work to be carried out and the procedures to be followed. Both parties must agree to the terms of the award before work can begin.
- Appeals – If either party is not satisfied with the party wall award, they can appeal to the county court within 14 days of receiving the award.
Advantages of Consulting with a Party Wall Surveyor
Consulting with a party wall surveyor has several advantages, including:
- Expert Advice – A party wall surveyor provides expert advice on the legal requirements and potential solutions, ensuring that the work is carried out safely and efficiently.
- Preventing Disputes – A party wall surveyor can help prevent disputes with your neighbor by communicating and addressing any concerns they may have.
- Ensuring Compliance with Regulations – A party wall surveyor can help ensure that the work complies with legal regulations and the Party Wall Act 1996.
In summary, a party wall dispute can be a complex and stressful process for property owners involved. Understanding the process and steps involved is essential to resolve the dispute and prevent further legal issues. Contact Faulkner Surveyors for professional surveying services to ensure compliance with legal regulations and protect your property rights.