Summary Of The Party Wall Act From A Legal Perspective

• Published date: 03 August 2023
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Arbitration & Dispute Resolution, Construction & Planning
• Law Firm: Thomson Snell & Passmore
• Author: Suzanne Bowman

As pointed out by the Pyramus & Thisbe Society, a Party Wall dispute can, for the very wealthy, end up at the Supreme Court. As legal advisors to many listed property owners, our advice would be to avoid litigation by following the key aspects of the Party Wall Act...

The Party Wall Act was designed to address potential disputes and promote harmonious relationships between homeowners and their neighbours when carrying out construction work that could affect shared walls or boundaries. This applies to all properties, whether or not they are listed. However, it is fair to say that listed property owners, affected by Party Wall work, may be especially concerned to ensure proper care and procedures are taken, due to the vulnerability of such properties.

Prompt advice on proposed works is key. Specialist Surveyors can provide structural assessments and opinions but homeowners need to remember that legal issues can also affect potential building works and the ability for these to be undertaken. Quite aside from the Party Wall Act, you should first review Planning and Building Control requirements (including relevant listed building consents); any covenants that would hinder or affect the proposed works and the potential concerns of lenders and insurers in that regard.

When does the Party Wall Act apply? The Act applies to a range of construction activities, including building new walls at the boundary, altering existing party/boundary walls, and excavating near adjacent properties. It is crucial for homeowners to determine if the Act is applicable to their proposed work, as failure to comply can lead to disputes and a potential claim for damage caused. A helpful summary setting out the detail (and examples of work that requires such a notice, the minimum notice required in specific cases and draft letters) is published by the Government and is available online.

Below is a summary of the key aspects:

1) Serving a Party Wall Notice: To initiate the process, the homeowner intending to carry out the work must serve a Party Wall Notice to their affected neighbours.It is preferable to the process if this can be discussed beforehand. The notice should include information giving a proposed timeline, and a clear description of the proposed works so that the recipients can assess the potential impact on the adjoining property.

2) Responding to the Party Wall Notice: Upon receiving the Party Wall Notice, the affected neighbour has three options: consent, dissent, or issue...