Overview
The Party Wall etc. Act 1996 provides a structured method for resolving disputes. Used properly, it is efficient. Used badly, it can become expensive and slow.
The key is discipline: define the dispute, gather evidence and keep the procedure proportionate.
Step 1: confirm there is a real dispute
Not every complaint needs to be referred to surveyors. Before escalation, ask:
- does the issue arise under the Act?
- can the owners resolve it directly?
- is the dispute about liability, method, cost or timing?
- is the amount in dispute worth the likely professional fees?
Surveyors should not be used as the first response to every minor irritation.
Step 2: submit the dispute clearly
A proper referral should include:
- a concise written summary;
- photographs or other evidence;
- relevant dates;
- quotations where money is claimed;
- an explanation of what has already been agreed;
- the precise issue the surveyors are being asked to decide.
Poorly prepared referrals increase fees.
Step 3: use proportionate procedure
Surveyors may:
- ask for further information;
- carry out a site inspection;
- invite short written submissions;
- take technical advice;
- make an award on the disputed issue.
The procedure should match the value and complexity of the dispute.
Step 4: keep communication transparent
Surveyors must act impartially. One-sided communication can create suspicion and procedural risk.
Important points should be shared openly unless there is a good reason not to do so.
Step 5: deal with costs
The surveyors can decide who pays the costs and whether any costs should be apportioned.
Tactical, exaggerated or poorly evidenced disputes can backfire on costs.
Step 6: keep the award narrow
An award should:
- identify the dispute;
- stay within the surveyors' jurisdiction;
- give clear directions;
- avoid deciding matters that are not properly before the surveyors.