We know just how frustrating it can be when dealing with a party wall dispute and your neighbour refusing to pay their share of the costs or if the building owner refuses to pay for damages or surveyor fees.
However, most neighbourly disputes arise when neighbours (adjoining owners) ignore the costs of repairing or maintaining a shared wall or fence, which should be fairly distributed between the two parties. So what can you do?
Navigating the situation requires a strategic approach, which will help you recoup the costs owed to you while still upholding the legalities of it all. As party wall surveyors who have been through this scenario hundreds of times, here are the steps you should take to try and resolve the issue.
Read through your party wall agreement or award and see the details. The agreement should outline the costs and who is liable to pay what. It should also highlight the fees your neighbour is responsible for covering and a timeline for payment.
“You need to pay for any building works that you start on a party wall. Your neighbour may have to meet a share of the cost if the work needs to be done because of defects or lack of repair. They will also need to pay if they ask for additional works to be done that will benefit them.” GOV.UK (Party Walls)
The process can become complicated with no formal party wall agreement, making recouping costs more difficult. But that doesn’t mean all hope is lost. At this point, you can try to reach an informal agreement with your neighbour through direct communication – and if they refuse to cooperate, then you might find yourself being forced to seek legal advice or involving a party wall surveyor retroactively to address the situation.
Formalising an agreement after the fact is not uncommon, but it is more challenging.
Start by politely reminding your neighbour of their obligations, specifically if the contract is written to cover the agreed costs. They might have forgotten or been unaware that payment is due.
If your attempt at mediation did not go well and the verbal reminder doesn’t work, it’s time to send a formal written request, email, or letter detailing the amount owed, the due date, and any relevant causes from the party wall agreements or award.
If the issue is still unresolved, it’s time to involve a party wall surveyor and whoever initially handled the agreement if you had one drawn up. The surveyor can help enforce the agreement and provide an addendum to the award if required. The surveyor will also have the power to issue a formal notice to the neighbour, reminding them of their legal obligations under the Party Wall Act.
When disputes occur, about 80% of cases are resolved through the involvement of a party wall surveyor without needing to go to court.
Less than 1% of all party wall issues result in court cases – so we’re sorry if you’ve had to reach this point. If all else fails, then you might have to take legal action.
For smaller amounts, you’ll file a claim with the Small Claims Court, a relatively straightforward process to recover debts, where you won’t require a lawyer. If the process swings in your favour, the court might grant a court ruling or an enforceable party wall award.
In the future, you can try to avoid disputes like this by ensuring all agreements are clearly documented and a solicitor is involved to draft legally binding contracts that include clear payment terms.
As members of the Faculty of Party Wall Surveyors, we offer a free, no obligation, 15-minute consultation to advise on the Party Wall etc Act (1996) and talk you through the process. Similarly, we’re available to discuss any other property-related query you may have.
© Copyright 2024 Westville Associates, Building Surveyors | Party Wall Matters | Building Surveys Surrey | Marketing by VC.
