In this article, we are going to be looking into disputing party wall works and the many different avenues that an adjoining owner can take to dispute them.
It’s important to bear in mind that the Party Wall etc Act 1996 is facilitating in nature.
However nonetheless, there can be scenarios where an adjoining owner may still have a dispute in respect of the planned works.
NEIGHBOURLY DISCUSSION
In all scenarios, one of the initial points that we would recommend if there is a dispute is to have a neighbourly discussion with the building owner.
This will enable an adjoining owner to discuss the aspects of the works that they do not agree with in hopes of coming to an amicable solution for both parties.
This offers both owners the opportunity to best understand the basis of the dispute and providing both approach the matter in a reasonable fashion, may help to keep a good r neighbourly relations.
PARTY WALL INJUNCTION
In certain scenarios, the Party Wall etc Act 1996 does give an adjoining owner the right to obtain a Party Wall injunction.
An injunction can be gained through the courts and if granted and upheld, will force the building owner to halt their works.
Party Wall injunctions can be a costly affair with the cost of gaining one ranging from £5,000.00 to £15,000.00 (at the time of the publication of this article).
Scenarios that usually give rise to an injunction tend to be as follows:
- Serious issue to the adjoining owner’s property
- Works must pose a serious risk to the adjoining owner’s property
- Damages is likely to occur to the adjoining owner’s property
DISPUTING THE PARTY WALL AWARD
Another way of disputing Party Wall works could be through appealing the Party Wall Award, or having it set aside as invalid.
From a legal perspective and in accordance with Section 10(17) of the Party Wall etc Act 1996, a Party Wall Award can be disputed up to 14 days after the Award has been served and must be done through the courts.
Either of the parties to the dispute may, within the period of fourteen days beginning with the day on which an award made under this section is served on him, appeal to the county court against the award and the county court may — (a) rescind the award or modify it in such manner as the court thinks fit; and (b) make such order as to costs as the court thinks fit.
https://www.legislation.gov.uk/ukpga/1996/40/section/10
Although it should be worth bearing in mind, that while the Award is in dispute this does not prevent the building owner from continuing their planned works.
We hope this article gives you further insight into Party Wall Surveying procedures and into disputing Party Wall works.
If you want to request an article topic, please feel free to get in touch with us today.