When you perform work on structures distributed to or close to a neighbour's property, the correct course of action would be 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 deal with a dispute to your notice, and what to expect from the Party Wall Award.
Imagine if a Dispute Arises?
After you have issued a notice under the Party Walls etc Act, if agreement can't be reached between neighbouring parties or the notice has expired, the problem is in dispute.
The process is really as follows:
1. Surveyors are usually appointed by each one of the Owners. Alternatively, the parties can appoint an 'Agreed Surveyor', who is acceptable to all 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 act as 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 avoid damage.
2. A Schedule of Condition, which is an agreed record between your surveyors of the adjoining properties condition that's likely to be suffering from the proposed works.
This Schedule is re-checked upon completion of the works, and any damage noted.
3. A Method Statement and drawings (architectural/structural engineers) which indicate the way the work is usually 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 employed in the remainder of the site.
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 increasingly being carried out 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 completed relative to 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. Get more information of who's responsible for payment for the works. That is generally the Building Owner because they are for his benefit. However, you can find cases where in fact the Adjoining Owner may be responsible for spending money on section of the cost, for instance: where work to a party wall is needed due to defects that the Adjoining Owner is responsible or where he requests work to be achieved 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 in place as well as building regulation approval.
9. Provision for the surveyors to make further Awards, for instance; where the scope of the works alters due to site conditions or upon the works being exposed.
Following the Publication of the 'Award' or 'Party Wall Award'
After 2 weeks have elapsed lacking any appeal being designed 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 completion of the works, the surveyors will check the Schedule of Condition and note if any damage has occurred. Any noted damage because of the works becomes the liability of the Building Owner to repair/renew/re-decorate OR instead agree a compensation total 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.