When you perform work on structures distributed to or close to 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 article describes the procedure that follows the issuance of a notice, explaining how to approach a dispute to your notice, and what to expect from the Party Wall Award.
What if a Dispute Arises?
After you have issued a notice beneath the Party Walls etc Act, if agreement cannot be reached between neighbouring parties or the notice has expired, the matter is in dispute.
The process is really as follows:
1. Find out more are often appointed by each one of the Owners. Alternatively, the parties can appoint an 'Agreed Surveyor', who is acceptable to all or any parties.
2. The Agreed Surveyor, or the average person 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 select a Third Surveyor who when the appointed surveyors cannot acknowledge any point will act as an 'umpire'.
The Publication of an 'Award' or 'Party Wall Award'
The Award usually includes the next elements;-
1. The scope of the works proposed by the Building Owner together with 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 affected by 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 to be carried.
4. A listing of hours and days of permitted noisy working with regard to the matters awarded - the Award does not control noise, pollution, hours nor days of employed in the remainder of the website.
5. The proper for either of the appointed surveyors to possess usage of inspect the works. This is for the surveyor to check that the works are increasingly being carried out as agreed, and allows the surveyor to inspect the neighbouring property for damage or a particular constructional detail.
6. A confirmation of who's responsible for the fees for drawing up the Award and for checking that the task has been carried out 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. A confirmation of who is responsible for payment for the works. That is generally the Building Owner as they are for his benefit. However, you can find cases where the Adjoining Owner may be responsible for paying for part of the cost, for instance: where work to a celebration 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 should be extinguished) is set up as well as building regulation approval.
9. Provision for the surveyors to create further Awards, for instance; where the scope of the works alters due to site conditions or upon the works being opened up.
Following the Publication of the 'Award' or 'Party Wall Award'
After 14 days have elapsed lacking any appeal being made to the County Court by either Owner on the grounds that the Award has been made improperly the Building Owner is at 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 in lieu agree a compensation amount to be paid to the Adjoining Owner
All work must adhere to the Award. https://rentry.co/ac43rdbq ought to be retained and kept with the deeds for future reference as it will need to be produced with confirmation that there are no outstanding matters through the conveyance of either of the properties detailed in the Award.