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Where a building owner, without written consent or a valid award (statutory authority) carries out (or is about to carry out) work they may trespass, cause nuisance or breach their statutory duty. In such cases, an adjoining owner may consider obtaining an injunction.
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In an ideal world, neighbours would simply trust each other in the knowledge that everyone always does the right thing. In the real world trust can be difficult to establish, sometimes for good reason. Everyone knows someone with a story to tell.
From time to time a dispute may arise between the parties. Either party may call upon the surveyors to settle such a dispute by way of an award.
Below we outline the process we ask the parties to follow when referring a matter to the surveyor. Although not a particularly common occurrence, building work can cause damage.
Understandably, most owners are unfamiliar with how to assess the scale of the damage and so their immediate reaction is one of great concern. Aesthetic - Only requiring redecoration 0 - Hairline cracks less than 0.1mm. No action required. Hairline cracks are classed as negligible.
It is expected that any engineer taking on the role of advising engineer has a good understanding of the requirements of the Party Wall Act etc. 1996 and their own broad experience in designing projects similar to those upon which they are being asked to advise.
The Question How can you decide whether or not you should consider appealing an award?
This note is intended to provide guidance to assist you in making a decision. Step 1. ASSESS THE WORK
The Party Wall Act’s main purpose is to keep building disputes out of Court.
The Act was made compulsory for certain types of work. If you are doing such work, you are LEGALLY OBLIGED to give notice to neighbours. There are 3 types of relevant work. A good Party Wall Award should be comprehensive, clear and fair to both parties involved.
It should cover all aspects of the work and its potential impact on the adjoining property, ensuring that the adjoining owner, their property and the occupants are well protected, without creating undue or excessive burden on the building owner. N.B. We speak of 'first awards' because further awards usually determine disputes in relation to loss or damage which means they have a different format and set of requirements. Here are the key elements that make a good Party Wall Award: |
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