When you carry out work on structures distributed to or close to a neighbour's property, the correct course of action would be to issue a notice beneath the Party Wall etc Act 1996. But what comes next? https://hazelnews.com/where-to-find-structural-engineers/ describes the procedure that follows the issuance of a notice, explaining how to deal with a dispute to your notice, and what things to expect from the Party Wall Award.
Imagine if a Dispute Arises?
Once you have issued a notice under the Party Walls etc Act, if agreement cannot be reached between neighbouring parties or the notice has expired, the matter is in dispute.
The process is as follows:
1. Surveyors are usually appointed by each of the Owners. Alternatively, the parties can appoint an 'Agreed Surveyor', who is acceptable to all or any parties.
2. The Agreed Surveyor, or the average person Surveyors jointly, will produce an Award which must be fair and impartial to all parties.
3. Where each of the Owners appoints a surveyor, they jointly select a Third Surveyor who when the appointed surveyors cannot agree on any point will act as an 'umpire'.
The Publication of an 'Award' or 'Party Wall Award'
The Award usually includes the next elements;-
1. The scope of the works proposed by the Building Owner as well as any ancillary temporary works and protection to prevent damage.
2. A Schedule of Condition, that is an agreed record between the surveyors of the adjoining properties condition that is likely to be affected by the proposed works.
This Schedule is re-checked upon completion of the works, and any damage noted.
3. A WAY Statement and drawings (architectural/structural engineers) which indicate how the work is usually to be carried.
4. A listing of hours and days of permitted noisy working with regard to the matters awarded - the Award does not control noise, pollution, hours nor days of employed in the remainder of the site.
5. The right for either of the appointed surveyors to have access to inspect the works. That is for the surveyor to check that the works are increasingly being carried out as agreed, and allows the surveyor to inspect the neighbouring property for damage or perhaps a particular constructional detail.
6. A confirmation of who's responsible for the fees for drawing up the Award and for checking that the task has been carried out in accordance with the award. It really is usual for the Building Owner to cover all costs associated with drawing up the Award if the works are solely for his benefit.
7. A confirmation of who is in charge of payment for the works. This is usually the Building Owner because they are for his benefit. However, there are cases where the Adjoining Owner could be responsible for spending money on portion of the cost, for instance: where work to a party wall is needed due to defects for which the Adjoining Owner is responsible or where he requests work to be achieved for his benefit.
8. A requirement that before the works going ahead that unconditional planning permission (normally planning permission is granted with conditions and these should be extinguished) is in place along with building regulation approval.
9. Provision for the surveyors to make further Awards, for instance; where the scope of the works alters due to site conditions or upon the works being opened up.
After the Publication of the 'Award' or 'Party Wall Award'
After 2 weeks have elapsed without an appeal being designed to the County Court by either Owner on the lands that the Award has been made improperly the Building Owner reaches liberty to commence the works.
Upon completion of the works, the surveyors will check the Schedule of Condition and note if any damage has occurred. Any noted damage because of the works becomes the liability of the Building Owner to repair/renew/re-decorate OR instead agree a compensation amount to be paid to the Adjoining Owner
All work must comply with the Award. The Award should be retained and kept with the deeds for future reference since it will need to be produced with confirmation that there are no outstanding matters during the conveyance of either of the properties detailed in the Award.