How to Deal with Disputes under the Party Wall Etc. Act 1996

Home Improvement

Carrying out work on the immovable building structures that lay either close or with the neighbour’s property cannot be done without issuing of formal notice. This notice comes from Party Wall etc. Act of 1996. However, despite constructing or altering the fixed structures in advance, there may be disputes between the property owner and the adjoining neighbours.

Settling the Disputes with Adjoining Neighbours

After a notice has been issued inside the statute of Party Walls etc Act, and there is no agreement finalised between both the parties or notice expires, the entire matter is far from settlement, a dispute arises. You need professional and experienced surveyors to settle the disputes right in the beginning. Party wall Amersham Jason Edworthy has the expertise in settling the party walls dispute. There are also many others in this league. The process of settling disputes is like this:

  • Both the parties appoint surveyors either individually or an ‘Agreed Surveyor’ which works on behalf of both the parties;
  • either it is the ‘Agreed Surveyor,’ or the individual Surveyors together, give out an Award, which should have fair and square protocols;
  • in the scenario where each of the property owner appoints his or her dedicated surveyor, both the owners agree to appoint a common Third Surveyor, who acts as an umpire and closely watch on the points where both the individual surveyors do not agree;

Party Wall Award and Its Elements

There are nine exclusive elements associated with Party Wall Award, and these include:

#1 – The type of project work intended by building owner along with extra project work and the protection offered in case of physical damage;

#2- The agreed record between the surveyors both these properties and the typical condition, which causes problems later from the proposed work;

#3 – Drawings and all other method statements showing the intended construction work and the way it is carried out;

#4 – Days and hours for which the noisy work is permitted with regard to matters awarded. The Party Wall award will not take into consideration the pollution, noise control, and the hours or days spent on working on remaining site;

#5- The surveyors have right to check the construction work and that all of it is being carried out as agreed. It also allows the surveyor to look into neighbouring property and find out the extent of damage done. The surveyor also has the advantage to assess details of construction;

#6- confirmation note, on who will pay the fees for Award as well as checking on the fact whether the construction work is carried out in right way;

#7- confirmation note showing who is responsible for paying off the payments;

#8- permission for unconditional planning before the start of project works along with approval of building regulations;

#9- surveyors can make further Awards.

Just in case, you have difficulty in understanding the concepts and working behind the disputes arising out of Party Wall, a common resolution can be reached by appointing the experts like the Party wall Amersham Jason Edworthy. The expert looks on matters concerning Party Wall and help in making a conclusive decision.

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