https://hazelnews.com/where-to-find-structural-engineers/ enables a building owner to attempt work within the scope of the Act and unless an adjoining owner consents to the works, the act sets out an operation whereby the matter is described surveyors for determination by Award. The Party Wall Act 1996 is intended to supply a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
The Act offers a fair solution to the problems which are frequently encountered when building on or adjacent boundaries or in confined areas. The Act also covers "party structures" which include walls, floors or other partitions between parts of a building in separate ownership.
Does the Act affect the ownership of a Party Wall? No, however in many cases the Act will prevent disputes arising to begin with.
The Party Wall Act provides a building owner, who wishes to carry out various sorts of work to a preexisting party wall, with additional rights going beyond ordinary common law rights. The Act also provides a building owner must not cause unnecessary inconvenience. Although the Act contains no enforcement procedures, starting work without serving a notice could mean your neighbour could seek a court injunction or other legal redress. An adjoining owner cannot stop someone from exercising their rights directed at them by the Act, but might be able to influence how and at what times work is undertaken. Adjoining owners should remember that the primary purpose of the Act is to facilitate development.
Under the Act, notice should be served and if agreement cannot be reached, surveyors may be appointed.
If agreement can't be reached between neighbouring parties, the procedure is really as follows: A Surveyor or Surveyors is/are appointed to find out a good and impartial Award, either: An 'Agreed Surveyor' (someone acceptable to all or any parties), or two surveyors representing both home owners. Both surveyors will nominate a third surveyor who be called in mere if both surveyors cannot agree. In all cases, surveyors appointed under the dispute resolution procedure of the Act to draw up an award must behave impartially and consider the interests of both neighbours.
The surveyor (or surveyors) will prepare an "award" (also referred to as a "party wall award"). This is a document which: sets out the task that will be completed, says when and the way the work is to be carried out (for instance, not at weekends if the buildings are domestic properties), records the condition of next door before the work begins (in order that any damage can be properly attributed and made good), allows access for the surveyors to inspect the works while they go on (to note that they are in accordance with the award). The surveyor (or surveyors) will decide who pays the fees for drawing up the award and for checking that the work has been carried out in accordance with the award.
The dog owner undertaking the construction is made legally in charge of putting right any damage caused by carrying out the works, even though the damage is due to his contractor. Although minor works on a party wall are usually considered to be too trivial to come under the remit of the Act, the key point to be looked at is whether any planned work will have consequences for the structural strength and support functions of the party wall.
