Party Wall Disputes

The adjoining owner may well have agreed to the choice of agreed surveyor – and this is inherently sensible for minor projects – but a dispute still has to be resolved, which is the reason why the surveyors agree a party wall award and serve it on the owners.

The dispute essentially represents the adjoining owner ensuring that their interests are looked after by someone who not only understands construction matters but also has expertise in the Party Wall Act.

The adjoining owner merely has to do nothing to register a dispute. If they do not respond to Party Structure Notices and Notices of Adjacent Excavation within 14 days, a dispute is automatically assumed in the eyes of the law.

The adjoining owner can instruct their own surveyor or consent to the appointment of an agreed surveyor within the fortnight period but they do not have to be hasty. Once this period has passed, they have to be sent a further letter asking them to instruct a party wall surveyor within 10 days or otherwise have one appointed on their behalf by the person planning the works.

NB If the person planning the works does gain this right to appoint their neighbour’s surveyor, they have to select a different one to the one they are using. Both owners have to consent to an agreed surveyor in writing.

Once a dispute has arisen, the two parties involved, in legal terms, change from being clients (of surveyors) to ‘appointing owners’. The latter term is used to reinforce the idea that the surveyors must act impartially. However, prior to the dispute, a surveyor can serve a party wall notice on behalf of the person planning works because at that stage, it is unknown whether the adjoining owner will consent or not.

Consent, of course, negates the need either to have a party wall award or to appoint a party wall surveyor.

The surveyor/s can make a decision on any matter concerning the works which the neighbours cannot agree on. Where work is yet to be carried out, an award can rule on the extent and timing of the works and any additional works required.

In the case of loss or damage suffered by the adjoining owner, the surveyor/s can rule on the level of compensation that must be paid to them. The owner of the building carrying out the works generally has to pay for the costs of the surveyor/s making the award but this too is up to the surveyor/s.

Because the award of the surveyor/s is final, you or your neighbour then have to appeal to the county court if you disagree with the terms and you have to do this within 14 days of the award being served.