The Act enables a building owner to undertake work within the scope of the Act and unless an adjoining owner consents to the works, the act sets out a procedure whereby the problem is referred to surveyors for determination by Award. The Party Wall Act 1996 is intended to provide a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.The Act offers a fair solution to the issues which are frequently encountered when building on or adjacent boundaries or in confined areas. The Act also covers "party structures" such as walls, floors or other partitions between elements of a building in separate ownership.Does the Act affect the ownership of a celebration Wall? No, but in many cases the Act will prevent disputes arising to begin with. Party Wall Surveys Bromford provides a building owner, who wishes to carry out various sorts of work to an existing party wall, with additional rights going beyond ordinary common law rights. The Act also provides that a building owner should never cause unnecessary inconvenience. Even though Act contains no enforcement procedures, starting work without serving a notice could mean your neighbour could seek a court injunction or other legal redress. An adjoining owner cannot stop someone from exercising their rights given to them by the Act, but might be able to influence how and at what times work is undertaken. Adjoining owners should remember that the primary purpose of the Act would be to facilitate development.Beneath the Act, notice should be served and when agreement cannot be reached, surveyors could be appointed.If agreement can't be reached between neighbouring parties, the process is really as follows: A Surveyor or Surveyors is/are appointed to determine a fair and impartial Award, either: An 'Agreed Surveyor' (someone acceptable to all parties), or two surveyors representing both home owners. The two surveyors will nominate a third surveyor who be called in only if both surveyors cannot agree. In every cases, surveyors appointed beneath the dispute resolution procedure of the Act to draw up an award must behave impartially and think about the interests of both neighbours.The surveyor (or surveyors) will prepare an "award" (often known as a "party wall award"). This is a document which: sets out the work that will be completed, says when and how the work is usually to be carried out (for instance, not at weekends if the buildings are domestic properties), records the condition of next door prior to the work begins (so that any damage could be properly attributed and made good), allows access for the surveyors to inspect the works while they are going on (to see that they are in accordance with the award). The surveyor (or surveyors) will decide who pays the fees for drawing up the award and for checking that the work has been carried out relative to the award.The owner undertaking the construction is made legally responsible for putting right any damage due to undertaking the works, even though the damage is caused by his contractor. Although minor works on a party wall are usually regarded as too trivial ahead beneath the remit of the Act, the main element point to be looked at is whether any planned work could have consequences for the structural strength and support functions of the party wall.