Resolving Party Wall Disputes
Building works that affect the boundary between two properties can often lead to disagreements and disputes, as highlighted in a recent advertisement in the RIBA Journal. Zah Azeem, Partner at Wimbledon-based surveyors Scrivener Tibbatts, shares insights on managing these common issues. Scrivener Tibbatts are specialists in party wall disputes nationwide.
In the advert, a cutting-edge barrier system is featured that helps prevent fire from spreading across adjoining roof spaces. This system fills the gaps between party walls and the roof tiles, effectively preventing smoke and fire from passing through when activated by heat. You can find more information about this system in the advert: How to stop fire spreading across adjoining roof spaces | RIBAJ.
A party wall refers to a shared wall that separates two properties, such as in semi-detached or terraced houses. A floor separating two flats can also be considered a party structure. If you plan to carry out any extension or structural changes, you must notify your neighbour in advance.
“For instance, when extending a loft, you might need to insert supporting steels into the party wall to bear the load of the new structure,” explains Zah. “While the building owner has the right to carry out such works, formal notice must be given to the neighbour.”
Neighbours can appoint their own surveyor to protect their interests, but often they will choose to appoint a single, impartial surveyor who can act for both parties. This surveyor will draft an award that specifies the works to be carried out and ensures everything is handled fairly.
The Party Wall Act 1996 is the key piece of legislation that governs such disputes. As outlined in the explanatory brochure, the Act was passed to help resolve party wall disagreements and to safeguard the interests of both parties. Often, these disputes arise not out of malice, but simply due to a failure to communicate or respond to notices.
Under the Act, there are three types of party walls: A wall shared by more than one owner as part of a building; A wall shared by two owners, but not part of a building; A wall on the land of one owner, used by multiple owners to separate their buildings.
Disputes typically occur when the building owner fails to comply with the Party Wall Act. If there is a disagreement, work cannot commence until it is resolved. If you have not yet discussed the planned work with your neighbour, it is often best to do so at this stage, as it may help to prevent or resolve a conflict.
For further information on legal rights and responsibilities regarding party walls, consult the RICS Consumer Guide to Party Walls, as well as Pyramus & Thisbe Club, an organisation for professionals specialising in party wall matters.
Zah concludes, “Do your homework when hiring a surveyor. It’s crucial to choose someone with substantial experience in handling party wall disputes. Our colleague, Dominik Neyerlin, is a local expert who can help ensure that notices are served on time and that proper awards are made, minimizing delays with architects and builders.”
“Sometimes, despite best efforts, disputes may still arise. External factors like disturbances or increased noise can contribute to disagreements. In such cases, it’s essential to consult with an impartial surveyor.”
If you would like to discuss any related issues, Zah Azeem can be contacted via email at zah@scrivenertibbatts.co.uk or by calling 020 8947 7040.
