Section 5 of the Party Wall etc. Act 1996

Section 5 of the Party Wall etc. Act 1996Section 5 of the Party Wall etc. Act 1996 deals with the disputes that arise under Section 3 and Section 4 of the Party Wall Act.

As already established in Section 3 and Section 4 of the Party Wall Act, Section 5 deals with disputes that arise when a party structure notice or a counter notice has been served.

Section 5 of the Party Wall etc. Act begins by setting out a time frame period by which an owner who is in receipt of a served notice must respond. This period is 14 days, and if the owner does not consent within this period, then a dispute is deemed to have arisen.

This section is an extremely small section of the Act and it simply consists of a single sentence. Although it does not state it within Section 5 of the Party Wall etc. Act, if a dispute is deemed to have arisen during or after that 14-day period then the dispute would be dealt with under Section 10 of the Party Wall Act.

A time period is necessary to allow a building owner to proceed with the party wall process, rather than be scuppered at the first hurdle, where an adjoining owner may decide to ignore the notice.

Despite the 14-day period, even if a decent is deemed to have arisen, owners can still agree at any time during the party wall process to consent to the works. If written consent is given, then there is no need to continue to pursue a dispute process.

If you require Party Wall advice, then contact us 01635 579208. Proud members of the Faculty of Party Wall Surveyors and the Royal Institute of Chartered Surveyors, RMA Surveyors Ltd provides professional, independent advice.

 

Section 4 of the Party Wall etc. Act 1996

Section 4 of the Party Wall etc. ActSection 4 of the Party Wall etc. Act 1996 deals with the serving of counter notices.

Such a notice might be triggered where an adjoining owner has received a party structure notice from a building owner but does not agree with the proposals put forward within that notice.

Section 4 of the Party Wall etc. Act allows an adjoining owner to serve upon a building owner a counter notice giving details of their requirements.

What can a Counter Notice request?

Paragraph 1a allows that adjoining owners may ask, where reasonably required, for a building owner to include such elements as chimney copings, breasts, jams or flues. It should be noted that this work would be done at the convenience of the adjoining owner.

Furthermore, an adjoining owner could serve a counter notice in respect of special foundations which the adjoining owner would consent under section point 7 of the act. He may request that the special foundations be placed at a greater depth than that proposed by the building owner or be constructed of sufficient strength to bear the load to be carried by columns of any intended building of the adjoining owner. Or both.

Section 4 of the Party Wall etc. Act 1996 – Issuing a Counter Notice

If an adjoining owner decides to issue a counter notice, the counter notice should specify the works required, and should be accompanied by plans, sections and particulars of those works. It should also be served within a period of one month, beginning on the day on which the building owners party structure notice was served.

If a building owner receives a counter notice he should comply with the requirements of the notice, unless the works described within the counter notice would be injurious to him, cause unnecessary convenience to him or cause unnecessary delay in the execution of works pursuant to the party structure notice.

Where an adjoining owner issues a counter notice it would be dealt with by the surveyors as a dispute will deemed to have arisen and owners can not determine a dispute themselves but it is the responsibility of the adjoining owner to serve the notice, and not the surveyor, unless the surveyor has been given the authority to do so. In practise it is unusual for counter notices to be served, however, the Act does allow for counter notices to be served and there are occasions where it is necessary to issue a counter notice.

Need advice?

If you have any Party Wall concerns or feel that a counter notice needs to be served under Section 4 of the Party Wall etc. Act 1996, then please call us for advise on 01635 579208.

RMA Surveyors are proud members of the Faculty of Party Wall Surveyors and of the Royal Institute of Chartered Surveyors.