No matter the project in mind, if your building plans are likely to affect a party wall, there are some important steps to take, including serving a party wall notice to any relevant neighbours.
In the best-case scenarios, your work can go ahead without a hitch — planning permission will be a breeze, and your neighbours will wish you all the best with the construction.
But what happens if a neighbour doesn’t agree with the proposed work and disputes your party wall notice or simply wants to safeguard their property? Having an understanding of common party wall disputes and how to resolve them can help make sure you’re fully prepared for any response and can get the best, fairest outcome for everyone involved.
We offer the best party wall advice in Essex, and know the ins and outs of the Party Wall Act, etc. 1996 legislation. With this in mind, here’s all you need to know about disputes:
How does a party wall dispute start?
The general process when starting a construction project that will affect a party wall — a wall on a shared boundary — starts with serving a party wall notice. You must give written notice to any adjoining neighbours of your planned work.
They then have two main options:
1) They consent to the work, and you go ahead with your plans
2) They dissent, and a party wall surveyor(s) is appointed to manage the process and determine rights and obligations of each of the parties.
Common party wall disputes
The most common party wall disputes tend to revolve around:
- Extensions and loft conversions
- Excavations close to the boundary wall
- Damp-proofing and structural alterations
- Raising or extending the party wall
The concerns themselves can vary, and might include one or more of the following:
Lack of notice or information
If a neighbour has not been adequately notified of the work within the party wall notice, they may choose to appoint a party wall surveyor and dispute the project.
They may also choose this course of action if they feel that the person proposing the work has not arranged adequate structural surveys.
Damage to the party wall
A party wall disagreement may arise if the adjoining neighbour is concerned that the proposed work will damage the party wall. For example, they might worry that damp-proofing will affect the boundary wall’s stability or cause damage to the paint or finish.
Aesthetics
Although not covered under the Party Wall etc. Act 1996, if you’re planning to raise or extend the party wall itself, neighbours may fear this could restrict their view, put their property in shadow, or disrupt their home’s aesthetic.
Damage to other parts of their property
Other concerns can arise over potential damage to the rest of the neighbour’s property. This could be due to subsidence, caused by excavations within 3-6m of the boundary wall, or cracks, leaks, and other issues resulting from demolishing, building, or altering structures.
Disruption during the construction project
Sometimes, it may be the project’s process rather than its outcome that leads to a party wall dispute. Neighbours who have young children, work from home, or work night shifts might be concerned about noise, vibration, and other disruptions caused by the extension, excavation, or other work.
Access for work
Similarly, a neighbour may dispute work affecting a party wall if construction teams need to use their land to carry out the project. They may be unhappy if the work requires builders or other contractors to install scaffolding on their land or roof.
How can party wall disputes be resolved?
If a party wall notice is disputed, both parties can appoint a party wall surveyor to assist in resolving the situation. They can each appoint their own surveyor, but in most cases, a joint surveyor (known as the ‘agreed surveyor’) can handle the negotiations.
This party wall surveyor must be unbiased and provide impartial Party Wall Act 1996 guidance to all involved as it is a statutory appointment.
Assessment
Once a surveyor has been appointed, they will assess the work proposal, looking at the impact it will have on adjoining neighbours and their properties within the scope of the Act. They’ll explore whether the neighbour’s concerns are well-founded and take these into account.
Party Wall Agreement
The next step is for the surveyor to draw up a legally binding Party Wall Agreement (also known as a Party Wall Award), which details the specifics of the proposed work, with a particular focus on how it relates to the party wall dispute.
It might, for example, cover:
- Working hours and noise limits, so that adjoining neighbours won’t be disturbed at certain times.
- Access arrangements, which might propose an alternative solution so construction teams won’t need to use the neighbour’s land or roof.
- Responsibility for any damage, so neighbours can have peace of mind knowing that the party carrying out the work will cover any repairs.
Party wall dispute resolution from expert surveyors
Are you worried about a current or potential party wall disagreement? Whether you’re planning a renovation or you have a neighbour who has just served you a party wall notice, our experts are here to help.
Led by our founder Robert Turner, our party wall surveyors in Essex and party wall surveyors in London have an in-depth understanding of the Party Wall Act 1996 and provide knowledgeable, impartial guidance. We’ll always work to ensure the fairest outcome for everyone involved.
If you’d like to learn more, please explore our portfolio to see how we’ve supported clients across the South East and don’t hesitate to get in touch to discuss your circumstances.
