Party wall disputes? Here are some tips: In most cases, if the adjoining does not respond within 14 days then a deemed dispute is said to have occurred and the person carrying out the work must appoint a surveyor to act on the adjoining owners behalf. If adjoining owners provide written consent to the works as set out within the notices, then there is no dispute to resolve and no further need for party wall surveyors or, indeed, the Party Wall Act. Assuming work proceeds as detailed within the notice and no damage is caused, then no further involvement is necessary. Resolving Disputes: If adjoining owners dissent to the works (or if no response is received and a deemed dissent has arisen) then a dispute has occurred which must be resolved under the requirements of Section 10 of The Act. It is worth reiterating that the Act is one of enablement, it is not there to prevent works from taking place and it offers a route to end disputes at every stage. Where written agreement is not given, the solution the Act provides is for both parties to appoint an ‘agreed surveyor’ who will act impartially or for each owner to appoint a surveyor who in turn appoint a third surveyor. The surveyors then work together to agree the terms under which work may proceed. The surveyor(s) will review the plans, notices and structural details of the works and, after considering the impact of the works, will draw up an agreement which sets out the terms under which work can be carried out (the Award).

Some works are considered too minor to require the process of notification. Anderton Gables can advise you on which notices are required, which properties need to be notified, and can serve the notices on your behalf. Your neighbour or ‘Adjoining Owner’ can either agree to the works as proposed in the notice, or disagree. If they decide to disagree, or do not respond Party Wall Surveyor(s) will become involved and draw up a Party Wall Award which states how the work should be done and the responsibilities of the various parties involved. The adjoining owner can insist on appointing their own surveyor in addition to your surveyor; however, all party wall surveyors must act impartially, in the interest of protecting all stakeholders and enabling the works to be undertaken. Unfortunately the cost of all party wall surveyors fees usually will be payable by the building owner proposing the work.

As the party planning the works, you will have complete control over whom the surveyor you appoint and what they charge. You will either agree a fixed fee or an hourly rate. The same cannot be said of your neighbour’s surveyor (if you cannot agree on an Agreed Surveyor) as he is chosen by your neighbour and is not required to state his fee until just before the award is published. If you or your surveyor consider the fee demanded to be unreasonable, it should be referred to the ‘Third Surveyor’ for review although this will incur a further fee and take another couple of weeks. The Third Surveyor is selected by the two appointed surveyors at the start of the process to resolve disputes.

At Home Heroes we provide a professional service, we are very competitively priced and you can be sure you award will be handled by qualified and experienced Party Wall Surveyors. We are a small company with a dedicated and qualified team of building surveyors on Party Wall Matters. We can deal with all types of project no matter how complicated and are able to offer a service that is both efficient and meticulous. Read extra info at Party wall surveyor cost.