Solving Party Wall Disputes
The Party Wall Etc Act 1996 exists to protect both the building and adjoining owners. Our aim is to ensure that the protection of the Act is applied wherever it is necessary. Our goal is to increase awareness of the Party Wall Act and to ensure that any works that are subject to the Act are notified correctly.
Generally the Party Wall Etc Act 1996 should be considered if any of the following works are being undertaken and there are adjoining or neighbouring properties in close vicinity to the proposals:
>> Loft Conversion
>> Excavations for investigation, drainage or substructure works
>> Alterations and internal refurbishment to adjoining structures
If you are proposing any of the works as detailed above please contact us now on 023 9269 7193 to discuss the Party Wall Act and how it affects you.
Party Wall Notices
We can advise you if a Party Wall Notice needs to be served and which notices are applicable. We can also serve them for you if you require us to do so. This will ensure that there are no complications in the future with notices that have been served incorrectly.
Party Wall Awards (Party Wall Agreements)
We regularly act for both the building owner and adjoining owners. Our appointment when acting for a building owner, who is proposing to undertake works, usually involves service of notices on their behalf to those who should be notified under the Act. If a dispute arises this may lead to a formal appointment under Section 10 of the Act. In this instance we will encourage the building owner to have a Schedule of Condition of the adjoining owner’s property undertaken in order to ensure that the condition of the property is agreed prior to works commencing and thereby safeguarding their interests. We would then draft and serve a Party Wall Award. We may also be appointed as an Agreed Surveyor whereby both parties mutually agreed our appointment to act impartially.
Party Wall Disputes
If we are not appointed as an Agreed Surveyor and a dispute has arisen, the Adjoining Owner must appoint a Surveyor under the Act known as the Adjoining Owner’s Surveyor.
We are often also appointed by Adjoining Owners in this way. In the event of a Party Wall Dispute arising, we are appointed under Section 10 of the Act, in order to settle the dispute by implementing an Award. This usually includes the preparation of a detailed Schedule of Condition as mentioned above in order to safeguard the interests of both parties.
Our expertise in negotiating Party Wall Matters ensures that building work proceeds legally and without unnecessary delays and inconvenience to either party or cost. We will ensure that the rights and duties of both parties are fully understood and observed. It is worthy of note that in most circumstances all reasonable fees will be payable by the Building Owner.