The party wall dispute occurs when a person who wants to do certain kinds of building work (of the sort that the Party Wall etc. Act 1996 covers) and notifies an adjoining owner of their intention to do the building work.
Without a proper notice and a proper adjoining owner, the Act is not invoked.
A notice alone can not stop building works from going ahead if "dissent" has been communicated. Indeed, the Party Wall Act is intended to be an enabling piece of legislation. It serves the dual purpose of reconciling any issues between two adjoining owners and allowing them to proceed with the building works that the Act is designed to cover. Of course, the Act also serves to protect the interests of adjoining owners, who might be affected by the works that are going ahead.
Sometimes it is a bit confusing what the term “dispute” means; you shouldn’t need to find yourself arguing with neighbours on your fence. If an Adjoining Owner does not agree with a notice, its considered a dispute and having a surveyor appointed is necessary to check party wall matters adequately.
If the owner dissents, the party wall surveyor now controls when and how the works will be carried out. The surveyors role is limited to those elements of the construction recorded in the Party Wall etc. Act 1996.
Objection to a notice is not enough to block the planned building works. The Act is meant to support the parties involved (by settling disagreements and allowing works to go ahead). Under the Act, if damage is caused to a neighbour’s property, the responsible building owner will have to put things right again or compensate the adjoining owner.
Works covered by the Party Wall Act 1996 might unlawfully take place without notice. If this happens, the neighbour may bring an injunction application.
When you have a party wall dispute and could use some informal guidance, just give us a call.