Party wall disputes? Here are several tips: In most cases, if the adjoining does not respond within 14 days then a deemed dispute is said to have occurred and the person carrying out the work must appoint a surveyor to act on the adjoining owners behalf. If adjoining owners provide written consent to the works as set out within the notices, then there is no dispute to resolve and no further need for party wall surveyors or, indeed, the Party Wall Act. Assuming work proceeds as detailed within the notice and no damage is caused, then no further involvement is necessary. Resolving Disputes: If adjoining owners dissent to the works (or if no response is received and a deemed dissent has arisen) then a dispute has occurred which must be resolved under the requirements of Section 10 of The Act. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage. Where written agreement is not given, the solution the Act provides is for both parties to appoint an ‘agreed surveyor’ who will act impartially or for each owner to appoint a surveyor who in turn appoint a third surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).
Party wall matters can cause a delay to the project, so this should be considered reasonably early in the design stage. Depending on the notice required you may need to inform your neighbours up to 2 months prior to your proposed start date. If the project is complex it may take some time for the surveyors to come to an agreement, or several awards may be required. The act does provide various mechanisms for non cooperation including non communication of adjoining owners and their surveyors, however there are also rights of appeal and referral to a third surveyor if necessary.
As the party planning the works, you will have complete control over whom the surveyor you appoint and what they charge. You will either agree a fixed fee or an hourly rate. The same cannot be said of your neighbour’s surveyor (if you cannot agree on an Agreed Surveyor) as he is chosen by your neighbour and is not required to state his fee until just before the award is published. If you or your surveyor consider the fee demanded to be unreasonable, it should be referred to the ‘Third Surveyor’ for review although this will incur a further fee and take another couple of weeks. The Third Surveyor is selected by the two appointed surveyors at the start of the process to resolve disputes.
At Home Heroes, we endeavour to provide a competitive service while attaining the highest standards of professional practice. Home Heroes although we are experienced Party Wall Surveyors, we understand that to you our clients the party wall act can be a pretty daunting experience and you have already probably been left nervous and confused, with compliance of the act. We are able to speak to you in plain English using familiar terms and sayings helping you to be put and ease and more importantly understand your obligations and rights under the act. Home Heroes Limited has experienced surveyors who are well placed to help you with your party wall requirements, be you the building owner, adjoining owner or even as an agreed surveyor. See more details at Party Wall Surveyor Canterbury.