What is Party Wall Dispute?

A party wall dispute arises when property owners disagree over construction, alterations, or repairs affecting a shared wall, boundary, or structure. This typically happens between neighbors in semi-detached houses, terraced houses, or properties with shared boundaries. These disputes are governed by the Party Wall Act 1996 in England and Wales.

What is a Party Wall?

A party wall is any wall, fence, or structure that stands on the land of two owners. It can be:

1. A wall separating two properties (e.g., in terraced or semi-detached homes).
2. A boundary wall or fence not forming part of a building.
3. A floor or wall between flats in a multi-story building.

Common Causes of Party Wall Disputes

1. Building Works Without Notice: If one party starts construction on or near the party wall without notifying their neighbor.
2. Disagreement Over Alterations: Modifications such as removing chimneys, adding extensions, or underpinning foundations.
3. Damage to the Shared Structure: If building work causes cracks, damp issues, or structural damage.
4. Encroachment Issues: If an extension or new wall crosses into the neighbor’s land.
5. Access Disputes: If the owner refuses access for necessary work, like repairs or maintenance.

The Party Wall Act 1996 (England & Wales)

The Act requires that property owners notify their neighbors before carrying out certain types of work on a party wall.

Key Requirements Under the Act:

• Notice Period: The building owner must serve written notice at least 2 months before starting work.
• Neighbor's Response Options:
  • Consent – Work can proceed.
  • Dissent – A party wall surveyor must be appointed to resolve the dispute.
• Surveyor Involvement: If there's a disagreement, each party may appoint a surveyor, or they can agree on one independent surveyor.
• Party Wall Agreement: The surveyor will prepare an agreement (a Party Wall Award) detailing the rights, responsibilities, and conditions for the work.

How to Resolve a Party Wall Dispute

1. Communication First: Neighbors should try to discuss the matter before escalating.
2. Serve a Party Wall Notice: If required, the building owner must serve an official notice.
3. Surveyor Intervention: If the neighbor objects, surveyors will step in to resolve the dispute.
4. Mediation or Legal Action: If disputes persist, legal action or mediation may be needed.

Consequences of Ignoring the Party Wall Act

• Legal Injunctions: The affected neighbor can stop the work via court action.
• Fines and Compensation: The builder may have to compensate for damages.
• Delays and Extra Costs: A failure to follow the correct procedure can lead to costly legal fees and work stoppages.

Would you like advice on handling a specific dispute?

For immediate attention call the duty Surveyor direct on 07764 589 804

Or the Office on 0207 118 4331  Email info@locallondonsurveyors.co.uk 

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