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:
- A wall separating two properties (e.g., in terraced or semi-detached homes).
- A boundary wall or fence not forming part of a building.
- A floor or wall between flats in a multi-story building.
Common Causes of Party Wall Disputes
- Building Works Without Notice: If one party starts construction on or near the party wall without notifying their neighbor.
- Disagreement Over Alterations: Modifications such as removing chimneys, adding extensions, or underpinning foundations.
- Damage to the Shared Structure: If building work causes cracks, damp issues, or structural damage.
- Encroachment Issues: If an extension or new wall crosses into the neighbor’s land.
- 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
- Communication First: Neighbors should try to discuss the matter before escalating.
- Serve a Party Wall Notice: If required, the building owner must serve an official notice.
- Surveyor Intervention: If the neighbor objects, surveyors will step in to resolve the dispute.
- 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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