Introduction to The Party Wall etc. Act 1996
The Purpose of The Party Wall etc. Act 1996 is primarily to enable works to proceed and progress properly and is certainly not meant to cause a stumbling block in any way. If it is properly utilised it should take away the need to seek legal redress through the courts if something were to go wrong. Prior to the introduction of The Party Wall etc. Act 1996 the only redress for action was at Common Law, which of course is still applicable if the Act is not invoked.
The solution that the Act is designed to provide is to enable works to be undertaken with the greatest ease to the Building Owner and with minimal inconvenience for the Adjoining Owner. The best running operation of The Party Wall etc. Act 1996 is for both parties to each appoint a surveyor or to appoint one surveyor called the Agreed Surveyor to act impartially to resolve any dispute between the owners.
Should a dispute arise between property owners in respect of these notifiable works the dispute can be resolved using the act providing a party wall notice was served.
It is very important to ensure you are covered under The Party Wall Act.