Party wall disputes are commonplace during a construction or renovation project. Knowledge of the normal causes of party wall disputes and the typical mechanisms through which disputes are resolved can greatly help property owners wade through the complex Party Wall etc. Act 1996. In this brief, we will examine common party wall disputes and proffer advice on how to resolve them.
Common Causes of Party Wall Disputes
Lack of Communication: Most disputes arise due to some misunderstanding or lack of communication between neighbors. Most of these issues can be resolved if the communication regarding proposed works is clear and timely.
Property Damage: One of the more common disputed issues is the actual or potential damage to an adjoining owner’s property during construction.
Noise and Disturbance
Construction work produces noise and causes disruption, and unless properly managed, this can result in a dispute being created.
Boundary Disputes: These disputes arise when there is a dispute over the correct boundary line position or who owns a party wall
Unauthorized Works: Commencement of works without serving an appropriate party wall notice can become a huge dispute due to its violation of the Party Wall Act.
Party Wall Disputes – How to Resolve
Open Communication: Open and frank communication might help in the amicable resolution of any dispute that may arise. Discuss your concerns with the neighbour and try to find a compromise.
Party Wall Surveyor: Another positive step towards resolving the dispute is the appointment of an experienced party wall surveyor. He acts in an impartial manner, assesses the situation, and prepares a Party Wall Award.
Party Wall Award: The Party Wall Award is a legal document detailing the work proposed. Those conducting the procedure are responsible for making arrangements such as how, when, and where it will be carried out. They must also ensure that adequate protection is implemented to safeguard the adjacent properties. The award is binding on both parties, hence preventing further disputes.
Joint Surveyor
Where the parties agree, they may jointly appoint one surveyor to act impartially on behalf of both. This might expedite the proceedings and save money.
Third Surveyor: If each party hires its own surveyor for the dispute, but an agreement is not reached, they can jointly appoint a third surveyor to make the final decision.
Going to Court: As a last resort, the disputes that can’t be resolved through the above methods may be taken to court. This may cost expensive and can take a lot of time, so amicably or through the appointed surveyors. One should generally try and resolve disputes.
Preventing Disputes
Early Engagement: Early engagement in the planning process by a party wall surveyor can provide an opportunity to identify potential issues before they become disputes.
Clear Notices: Make sure that party wall notices are clear, detailed, and served well in advance of the proposed start date.
Regular Updates: Keep your neighbor updated about ongoing work and any changes to the scheduled dates.
Conclusion
While party wall disputes are common, most of these issues get resolved with clear communication and/or engagement of an impartial party wall surveyor. By being aware of some of the common dispute causes and processes. A property owner is able to ensure a smoother process in the construction and good neighborly relations.