Understanding Party Wall Agreement After Works Completed

Where construction works affecting a party wall have been completed, questions often arise regarding the applicability of the Party Wall etc. Act 1996 and the steps available to resolve outstanding issues. The extent to which the Act may be relied upon after completion depends largely on whether the correct procedural steps were followed prior to the commencement of the works.

Retrospective Awards Where Notices Were Served

Where the building owner served valid notices and the adjoining owner consented to the works, it may still be possible for certain disputes to be resolved under the Act by way of an award. The presence of a notice allows for the statutory dispute resolution mechanism to be engaged even after works are complete, provided that a difference has arisen between the parties.

Where No Notice Was Served

If no notices were served prior to commencement, the Act was not triggered and carries no statutory authority in relation to the works. In such instances, parties may still agree to adopt the framework of the Act to resolve disputes; however, any awards made without the requisite service of notices are unlikely to have legal standing. While this route may assist in de-escalating disagreements, it should not be relied upon as having enforceable authority unless the statutory process was properly initiated.

Post-Award Matters and Further Disputes

Where notices were served and awards issued in advance of the works, it remains possible for further awards to be made dealing with subsequent issues, such as alleged damage to the adjoining property. In these circumstances, the appointed surveyor or surveyors may issue a further award addressing liability and any necessary remedial measures.

How we can assist...

For property owners requiring advice or assistance in relation to retrospective party wall matters, including the validity of notices, the potential for further awards, or resolution of disputes following completion of works, Ayling Associates Chartered Surveyors is available to provide impartial guidance. We offer support in reviewing documentation, advising on statutory compliance, and assisting with the appropriate course of action under the Party Wall etc. Act 1996.