It is important to note that in over 92% of all party wall matters in which Westville Associates is involved, they go off without a hitch, and both parties are happy with the end result. Simon Burrage is excellent at fielding questions, conducting rigorous pre-build surveys in Surrey & London to put your neighbours’ minds at rest, and enabling building works to begin quickly.

Kew Takeaways

• “Dispute” usually means the legal process has started, not an argument — it’s the Party Wall Act’s formal route for dealing with notifiable works.

• Two common ways a dispute starts: either your neighbour doesn’t respond to the notice/reminder, or they reply dissenting and appoint a surveyor (or agree to one surveyor).

• The Award is the practical outcome — it sets out how and when work can be done, any protective measures, and how costs/fees are dealt with.

The Resolution of Disputes

One of the first things to understand is the terminology of the Party Wall Act. The word ‘dispute’ has a specific meaning within the Act; the term ‘dispute’ refers to the proposed notifiable works of the building owner, not to an argument or dispute between the owners. In other words, the Adjoining Owners are engaging in the dispute-resolution process under the Party Wall Process.

• Resolution of disputes between the owners has a particular meaning within the Party Wall Act. A Party Wall dispute is covered under Section 10 of The Act, which contains the dispute resolution procedure.

There are two possible dispute scenarios.

1. Either a dispute is deemed to have occurred, meaning there was no reply to the initial Notice and the reminder Letter under Section 10(4).
2. Or the dispute has occurred by the Adjoining Owner replying to the Notice saying that they’re in dispute and they wish to appoint either an Agreed Surveyor or their own Surveyor to resolve the dispute.

Whether the Adjoining Owner has appointed their own surveyor or had one appointed on their behalf under section 10(4)(b), the Building Surveyor and Adjoining Surveyor must select a Third Surveyor. The primary function of the Third Surveyor is to ensure that the process does not come to a halt by stealth or inaction.

So dispute = notifable works which is resolved by means of an Award which is prepared by the Surveyor (Westville) or on the agreed three Surveyors.

The Award may determine: (Under section 12)

1. The right for the Building Owner to execute any planned work
2. The time and the manner of how that would look
3. Any other matters arising out of, or incidental to the dispute, including the cost of making the award. See who pays.

An award is a legal document and only refers to works that are notifiable under the Act. Point 1, the right to undertake works by the Building Owner is rarely disputed. Problems arise when planning permission or approval is required under Permitted Development. This step of the building process is taken in isolation from the Adjoining owner’s property outside of planning, and may make all sorts of assumptions about the next-door property’s foundations and structure.

In fact, the first time an Adjoining owner hears about the work is when the Surveyor conducts a Schedule of Condition. Westville, as a Party Wall Surveyor, have a duty to understand exactly how the intended works may impact the next-door property.

This is where the first pushback occurs. You may be subject to restrictions on noise levels or on building work hours.  Here again, there is a limit to what your neighbour can object to. Where discussions can get heated is when foundations and the risk of subsidence are discussed.

Another element for disagreement is fees. The common assumption that all Building Owners pay the fees is incorrect. All Surveyor fees are apportioned to those who actually benefit from the work. See who pays the fees.

Read More

• Party Wall etc. Act 1996 – Section 10 (Resolution of disputes)

• GOV.UK: The Party Wall etc. Act 1996 – Explanatory booklet