Party Wall Disputes
The rights given by the Party Wall etc Act 1996 (‘the Act’) to both Building Owners and Adjoining Owners are laid out within the Award made by one or more Party Wall Surveyors. An Award seeks to resolve the dispute that has arisen from the initial service of notice under the Party Wall Etc Act 1996.
In essence the Party Wall Ect Act 1996 in itself is an umbrella for resolution of disputes that have arisen from the Act. Mediation is not then usually required as part of the resolution process but it can be extremely helpful in the case of an appeal against an award. Typically an award is contested as a party is dissatisfied with the content of the award and, under 10(17) of the act, they are entitled to appeal within 14 days of receipt. This period of 14 days includes the day on which the Award is served. This short period within which an appeal must be commenced reflects the fact that in many cases an appeal against an Award may serve to delay the Building Owner’s works, and any such delay ought to be kept to a minimum.
An Owner who opposes the terms set out in the Award may therefore seek an Appeal against those terms or any errors within the Award. The court has the ability to uphold, rescind or modify the Award, although it is also probable that the Court may ask the parties to consider Alternative Dispute Resolution, which includes Mediation. A great place to start this process is through our expertise, regulated by the Party Wall Mediation Scheme.
A court hearing is an expensive and time consuming process. Mediation on the other hand is generally quicker and more cost effective. Moreover, if you use a mediator that is registered with the PWMS and or the RICS Panel of mediators specialising in Party Wall Matters you will receive expert knowledge that will facilitate the probability of resolution, particularly if the appeal relates to a technical flaw in the award or specific matters such as special foundation, costs, security of expenses or damages to mention a few specific scopes for appeal.
Our expert mediator has extensive experience in party wall disputes through our umbrella company PWS Surveyors Limited and can offer advice and personal experience in such matters that may allow the parties to achieve a resolution that is satisfactory to all concerned and moreover, is laid to rest in acceptable time frames that may not be the case with a court hearing. Minimising time committed to the dispute often in itself enables a balanced resolution to be reached as the personal investment is less significant and therefore the ability to direct their energy can be targeted to the resolution itself and thereby allowing neighbourly relations to be maintained and even built upon.
The rights given by the Party Wall etc Act 1996 (‘the Act’) to both Building Owners and Adjoining Owners operate in practice by an Award made by one or more Party Wall Surveyors. This Award follows the service of a notice by the Building Owner on the Adjoining Owner and is required where the Adjoining Owner does not expressly agree to the Building Owner carrying out the proposed works. The Award settles the dispute (whether actual or deemed) between the respective owners.