What is a Party Wall Dispute?

A party wall dispute arises when neighbouring property owners disagree over proposed works affecting a shared wall, often during renovations or extensions.
The Party Wall etc Act 1996 provides a legal framework to manage these disputes fairly, requiring formal notice (a Party Wall Notice) to be given to affected neighbours.
Disputes often occur due to lack of communication, fears of damage, or failure to notify neighbours properly; involving a qualified building surveyor can help prevent and resolve conflicts.
If a dispute arises, it may be resolved informally or through a formal process involving one or more surveyors, potentially leading to a Party Wall Award or, if contested, an appeal in County Court.

Shared walls can be a source of confusion and conflict during a building project. Such disagreements are known as party wall disputes. The Party Wall etc Act 1996 provides an excellent framework for resolving these disputes and avoiding delays.

This article will give you clarity on what party wall disputes are, what they mean for your construction project, and how you can resolve them using legislation and the services of a building surveyor.

close up of wooden fence

What is a Party Wall?

A party wall is a wall shared between two or more properties that typically stands at a property boundary. These two or more properties will usually be owned by different parties. Party walls can refer to walls that are part of a building or freestanding walls, such as a garden wall. The definition does not apply to wooden fences.

What is a Party Wall Dispute?

A party wall dispute is a disagreement between two or more adjoining owners of a party wall. This usually occurs during building works when one owner wants to carry out building works on or near the party wall and the other owner or owners dispute the works.

When Do Party Wall Disputes Arise?

You must tell your neighbour if your intended works will take place on or close to your shared party wall. Disputes can arise during the following scenarios:

When one owner does not notify their affected neighbours of the works or seek their permission.
When extensions, loft conversions and excavations near foundations are planned by one party and the other refuses permission for the works to be carried out on or near the boundary, usually through fear of damage or disruption.
When somebody wants to demolish or rebuild the party wall as part of a renovation project and the adjoining owner disagrees with the plan, primarily due to fears of noise, exposure to the elements and decreased security.

These are just a few examples of disputes, but there are other circumstances in which disagreements can arise.

The Party Wall Act 1996

The Party Wall etc Act 1996 is a piece of UK legislation that provides a framework for navigating and resolving party wall disputes in a way that is fair and protects all parties.

It grants a building owner certain rights to make alterations or carry out building works to their property. This legislation clearly states the requirement to give formal notice to adjoining neighbours of the plans, which is called a Party Wall Notice. The notice gives them an opportunity to dispute the works.

A building surveyor will often be necessary to draw this notice up on your behalf and to resolve any disputes. That’s where the experienced building surveyors here at Aedifice can assist you. We also recommend that you carefully read through the legislation yourself to stay fully informed.

How To Prevent a Party Wall Dispute

There are several things you can do to prevent a party wall dispute, including:

Thoroughly read through the Party Wall etc Act 1996 to understand your rights and what is required of you.
Ensure clear and receptive communication with your neighbours throughout the process.
Seek professional advice from a trained building surveyor to create a Party Wall Notice that has robust validity under the Act’s requirements.

If you are unclear about any of the above, then ask our experts for guidance.

What Should You Do if a Party Wall Dispute Arises?

Despite your best efforts, a party wall dispute can still sometimes arise. If this occurs, try these steps towards resolution:

Attempt to resolve the dispute informally by discussing it with your affected neighbour.
If this fails, an official dispute resolution process begins. For this, you will require the services of a professional building surveyor. A joint surveyor can attend to the needs of both parties to draw up an agreement, but each party can appoint a surveyor to act on their behalf.
The surveyors will need to create a Party Wall Award, which outlines the works that can take place, when they are proposed to happen, and who will pay for certain elements.
If the two surveyors cannot reach an agreement on the Party Wall Award, a third surveyor will be brought in to settle the matter.
If one party disagrees with the final Party Wall Award, they can appeal within fourteen days to the local County Court.

These are the broad steps for a party wall dispute resolution. The surveyors at Aedifice can provide valuable professional insight and guidance throughout any dispute, and will be happy to assist you.

Resolve disputes with help from a skilled surveyor. Here at Aedifice, we provide you with independent and chartered surveyors, experienced in resolving all types of disputes at properties throughout the country. We are here to assist you, so please get in touch today.