What if there is a dispute?
If an adjoining owner does not consent then the Party Wall etc Act 1996 provides for both parties to each appoint a surveyor or an ‘agreed surveyor’ (one surveyor acting for both parties). These are statutory appointments and surveyors have a duty to act impartially. The surveyor(s) will draw up a document called ‘an Award’. This details the works to be carried out, when, and how it will be done and records the condition of the adjoining property before works commence. It may also grant access to both properties so the surveyor(s) can inspect work in progress. The Award will determine who pays for the work if this is in dispute. Generally, the building owner who is carrying out the work pays for all expenses unless the works are due to want of repair to a party structure.
