Grant Crossley: All he surveys
Puckering up: Best practice for Party Wall disputes
Shakespeare’s drama, A Midsummer Night’s Dream, acts out the tale of Pyramus and Thisbe; a mythical story of two ill-fated lovers, divided by a wall and forbidden by their parents to marry. The separating wall, on this occasion is a prime example of Party Wall that connects the two rival households together, whilst preventing direct contact between each family.
Unlike the story of Pyramus and Thisbe, today, few matters are likely to raise contentious problems between neighbours other than those directly involving Party Wall and boundary disputes.
Consequently, the Party Wall etc. Act 1996, offers a mechanism for preventing and resolving disputes between neighbours; where the owner of a building wishes to conduct structural work on a Party Wall, Party Structure or Party Fence Wall. Common examples include: cutting into the wall, inserting a damp proof course or flashing, removal of a chimney breast or raising the height of a Party Wall.
Putting up shelves, screwing fixings into the wall and other forms of DIY are exempt; on the other hand similar renovation work of a minor nature, i.e. chasing in new electrical cables, fixing plug sockets or plastering aren’t covered by the Act.
Indeed, being served a Party Wall Notice with a limited response time of 14-days can often be daunting; it’s therefore best to take a pragmatic approach and discuss the proposed works with your neighbour (the building owner) in the first instance. Although, following receipt, bear in mind the available options:
You may consent to the works;
works can proceed on site upon expiry of the served notice(s). It is, however, advisable that a schedule of condition is prepared prior to commencement to safeguard both parties’ interest; this is not required under the Act, although the document helps to ascertain if subsequent damage has occurred.
You may dissent to the works;
in this instance you must appoint a Party Wall Surveyor to draw up a Party Wall Award with the building owners appointed Party Wall Surveyor; or you may feel that you concur in the appointment of one Agreed Party Wall Surveyor to impartially regulate matters and draw up an Agreed Party Wall Award.
Tip – keep an eye on the notice date. If you don’t respond within 14 days you are automatically deemed to have dissented.
As for professional fees, Party Wall Surveyor’s costs are normally paid by the building owner (the person carrying out the works). Fees can range from £75-£125 per hour + VAT. The building owner is also responsible for making good any damage subsequently caused by the work.
Persistently refusing to follow the correct procedure set out by the Party Wall etc. Act 1996 may lead to injunction relief, and the building owner will be prohibited to continue with the building work until the matter is resolved.
Amongst the logistics of resolving Party Wall disputes, one stands out for me. And that is.. Party Wall disputes can be very time consuming and expensive. Unlike the parents of Pyramus and Thisbe, I believe a pragmatic approach is the best option. If both parties can quickly reach an amicable agreement, they will avoid any unnecessary costs.
Follow me: @MrGrantCrossley
