What Is A Party Wall Dispute ?
According to the Act of Party Wall 1996, if the adjoining owners do not agree with the agreement within 14 days of getting notice of the preferred work, then it will be considered as ‘in dispute’ by the government.
Party wall is a common wall that is shared between owners of two adjoining properties. A party wall generally covers a half a portion of the wall of the adjoining owner. A party wall generally comes under the party wall act. Under this act, an agreement is signed between the adjoining owners. A party wall surveyor is appointed by the appointing committee. The role of the surveyor is statutory and none of his decision is obligatory to the appointing committee.
Now the question arises what is Party Wall Agreement and Party Wall Award
A Party Wall Agreement– Party wall agreement is an agreement according to which a notice is served to either of the owners regarding the construction of the party wall. A party wall notice if it contains typing errors of any kind is still valid as long as the recipient is able to understand the notice. A party wall agreement is invalid if the content of the agreement does not meet the requirements.
A Party Wall Award– A party wall award is very much like a party wall agreement. The only difference being a party wall award is more formal. It contains details such as the extent to which the party wall can be constructed, the duration for which it can be constructed, the depth of construction, etc.
According to the section 6&7, the act states that if the owner of the property whom the notice has been issued will not serve indicating his consent to the government within 14 days from the date of the notice.
If the adjoining owner is not ready to appoint any surveyor, then after the completion of fourteen days the government will give the notice of ten days to appoint the Party Wall Surveyor otherwise the government will appoint one surveyor on their behalf.
If it ends up that the owner of the property will appoint a surveyor on their behalf that does not mean it will be an “agreed” surveyor rather another qualified person is playing a role on your behalf.
Hence we can conclude that party wall agreement and a party wall award is more or less the same thing. The only difference being that an award is more formal and explanatory than an agreement.