A party wall dispute arises when someone who wishes to carry out certain types of building work covered by the Party Wall etc Act 1996 (the ‘Act’) has notified an adjoining Owner of their intention to do so and the response is anything other than an outright ‘consent’ to that written notification.
The term ‘Dispute’ can sometimes be a little confusing –it doesn’t actually mean you argue with them over the garden fence. A ‘Dispute’ is where an Adjoining Owner dissents to a notice and requires the appointment of a surveyor to make sure the project is properly checked in respect of party wall matters.
Examples of dissent might include where one owner works from home and the other owner wishes to build an extension that may cause vibrations from piling that would interrupt productivity and quiet enjoyment. By dissenting, what the neighbour is achieving is that the timing and manner of the works are now under authority of the party wall surveyor. The surveyor would only have jurisdiction over the parts of the work that are covered in the Party Wall etc. Act 1996.
“Dissent” to a Notice alone can not prevent the building works going ahead. The Act is designed to be an enabling Act (i.e. to resolve issues between two neighbouring parties and enable works to go ahead). The Act also protects all Owners’ interests in that, if the party wall works cause damage to a neighbouring property, damage will have to be made good.
Another dispute could arise if the works covered by the Party Wall Act commences without Notices being served prior to the works. This may result in the neighbour seeking an injunction.
If you want to ask for an informal advice about what to do about a party wall dispute then feel free to give us a call.
