One of the most common apprehensions over construction and renovation projects is that of party wall disputes. Especially if the work is to be carried out behind shared walls or boundary walls, or in case of excavation close to neighbouring properties. Party wall surveyors thus come into a prime position for the prevention of dispute as well as for its resolution, thereby ensuring completion of the project as per the Party Wall etc. Act 1996 while protecting the interest of affected parties. Here’s how party wall surveyors prevent and resolve neighbour disputes.

Prevention of Conflicts

Potential Disputes Identification at the Early Planning Stage

Party wall surveyors can detect possible disputes during the very earliest stages of project planning. For example, they can assist property owners in identifying possible issues through an assessment of proposed work and its effect on neighboring properties before such possible issues evolve into forms of dispute with other parties.

Serving Valid Notices

A party wall notice is notified correctly under the Party Wall etc. Act 1996. The surveyors draft the notices with due care, put down the requisite information when needed, and, in addition, show it within time limits required under this act so that there isn’t any form of dispute over incomplete or inaccurate notices.

An independent advisor

Surveyors are always an independent advisor to the building owner and adjoining owner. Due to their specialist expertise and neutrality, they help build trust and make both parties clear about their rights and liabilities as preserved under the Act.
Before the surveyor completes the work, they produce a Schedule of Condition detailing the neighbor’s property’s existing condition. This gives an important reference in the event of claims over damage and prevents claims over the property’s condition.

Resolving Conflicts

Mediation role

If there is a dispute, the party wall surveyor acts as an unbiased mediator by first assessing the situation, listening to concerns on both sides, and attempting to find a fair resolution. This minimizes lengthy and costly legal battles.

Drafting a Party Wall Award

In the event of a dispute, surveyors draft a Party Wall Award which is a formal legally binding document that specifies rights and obligations of both parties. The award includes details of the work to be implemented, protective measures, and a resolution process for disputes.

Appointing a Third Surveyor

Where the building owner and the adjoining owner are unable to agree on a surveyor, each shall nominate a surveyor. The two nominated shall together nominate a third surveyor whose decision or determination between them shall be binding.

Implementing Protective Measures

Adjacent property owners are advised and oversee the implementation of protection measures for their properties. This involves shoring or underpinning or other temporary support to avoid causing damage or its associated disputes.

Ensuring Compliance

This work is brought in compliance under the Party Wall etc. Act 1996 and terms of the Party Wall Award. Both parties are bound to abide by their agreed terms to ensure there is no dispute regarding non-compliance.

Conclusion

Party wall surveyors play a very crucial role in preventing and solving disputes between neighbours in construction and renovation projects. A party wall surveyors provides expert advice, gives accurate notices, prepares schedules of condition, and acts as a neutral mediator with their expertise and skills to ensure that one complies fully with the Party Wall etc. Act 1996 and protects the interests of both the building owners and adjoining owners. Early engagement on matters with a party wall surveyors can avoid further disputes in the process of smooth construction and good neighborly relation.