Dealing with Disputes Under the Party Wall Act

The Party Wall Act, 1996, constitutes the party wall agreement UK to protect you and your neighbors. This agreement constitutes those duties and obligations that might disturb or change somebody else's property's arrangements. The main reason why this dispute arises is when the party wall agreement gets broken. If you need to get any changes or work done in your house that might damage or alter the adjoining property, you have to get your neighbor's written consent. If they fail to respond and you continue the work, a dispute can happen. To prevent a dispute from happening, always have clear communication with your neighbor, inform them about the constructions, and get the legal paperwork completed. Mention everything clearly in your party wall agreement about the resolution. Coverage of the Act • A brand new building constructed at or on the boundary of either party's property • Renovations to or at an existing or shared wall or property • Quarry below or near the ground level of the shared and neighboring properties Dealing With The Dispute Once a dispute happens, you cannot start the work until it gets resolved. Discuss your plans and the conflict with your neighbor if you have not already. If your neighbor agrees and becomes an 'appointing owner' within 14 days, the dispute gets resolved. If the conflict continues, then you have to appoint a surveyor. You have to acquire written consent, called an 'award,' by your neighbor. - Hiring a surveyor – Party wall surveyors are necessary to draw up a fair settlement for the dispute and an 'award.' 1. Agreed Surveyor - Any person who has enough knowledge about the party wall agreement act and the dispute, and is not associated with either of the parties involved, can act as a surveyor. The surveyor should give an impartial judgment that can help you maintain good relations with your neighbor. If the dispute gets resolved, you can dissolve the conflict and continue the construction. However, if the sides cannot reach a mutual decision, then each of you can hire an individual surveyor. 2.Individual Surveyor – Both parties can hire an independent surveyor who will work together to reach a mutual conclusion that benefits the parties jointly. If the two surveyors fail to achieve a joint 'award,' a third surveyor can be hired, but remember that you have to bear all the costs. - Responsibilities of the surveyor – The surveyors have the legal obligation of coming up with the final award that binds both the parties to a legal contract. They have to prepare an agreement that benefits the parties mutually and record the properties' condition at the moment. The party wall agreement cost gets decided by the time and resources invested in producing the contract. Party wall disputes take an average time of 2-3 weeks for resolution. If you find yourself getting involved in a dispute regarding the party wall agreement London, you can contact various attorneys or surveyors and get the process done at a lower cost.