What happens if I disagree with a party wall agreement?

If you disagree with a party wall agreement, you can appoint a surveyor to resolve the dispute and prepare a Party Wall Award. If you’re still unhappy with the decision, you can appeal it in court within 14 days. However, work that complies with the law cannot be stopped, so it’s best to collaborate with surveyors to find a fair resolution.

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What to Do If You Disagree with a Party Wall Agreement

If you disagree with a party wall agreement, there are formal procedures in place to resolve the issue under the Party Wall Act 1996. The first step is usually to appoint a party wall surveyor if one hasn’t already been assigned. You can either agree on a single impartial surveyor with your neighbour or each appoint your own surveyor.

The surveyor(s) will assess the dispute impartially and prepare a Party Wall Award, which sets out the terms of the work, any necessary protections, and how the work should proceed. If you or your neighbour are unhappy with the surveyor’s decision, there’s an option to appeal the Party Wall Award in the county court, though this must be done within 14 days of receiving the award.

It’s important to note that while you can dispute certain aspects of the agreement, such as the timing or method of construction, you cannot stop the work from happening entirely if it complies with the law.

The Party Wall Act is designed to protect both parties fairly, ensuring that necessary work can go ahead while minimising risks and disturbances. If you go to court, keep in mind that legal proceedings can be costly and time-consuming, so it’s often in everyone’s best interest to work with the surveyors to reach an agreement that works for both sides.

Director

Laurence Murrin BA (Hons) MRICS MFPWS

Director

Laurence Murrin BA (Hons) MRICS MFPWS

Director

Chris Belton BSc (Hons) MRICS

Director

Chris Belton BSc (Hons) MRICS

Director

Dan Griggs BSc (Hons) MRICS

Director

Dan Griggs BSc (Hons) MRICS

Director

Joe Bennett BSc (Hons) MRICS

Director

Joe Bennett BSc (Hons) MRICS

You are undertaking building works

  • Check whether the Party Wall etc Act 1996 applies to your project
  • Talk to your neighbours early, before serving Notice about your work. Keeping your Adjoining Owners (neighbours) informed
  • Make sure your Notice is served properly, or else it will be invalid
  • Serve Notice with plenty of time
  • Don’t be tempted to start work until you have an agreement / Party Wall Award in place.

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  • Most Adjoining Owners worry that their property will be damaged by the building works.
  • Our role is to try and ensure that this does not happen by looking in detail at the proposals and designs and arranging proper working methods.
  • Adjoining Owners are entitled to have their surveyor’s reasonable fees paid by the Building Owner.
  • The fees must be both reasonable and justifiable.

Benefits of Hiring a Party Wall Surveyor

Engaging with a Party Wall Surveyor allows you to:

  • Prevent delays getting agreements in place
  • Receive expert advice
  • Prevent legal disputes
  • Record the condition of neighbours’ property prior to the works – preventing claims for damage

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