Time To Party (Wall)?

• Published date: 14 September 2023
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Arbitration & Dispute Resolution, Real Estate
• Law Firm: Macfarlanes
• Author: Mr Mark Lawrence, George Dew and Simon Fraser

The Court of Appeal, in the case of Power & Kyson v Shah[2023] EWCA Civ 239, has confirmed that the dispute resolution procedure set out in the Party Wall etc Act 1996 (the Act) does not apply in circumstances where the building owner fails to issue a notice under the Act.

The Act

By way of a recap, under the Act:

1. a "building owner" must notify any "adjoining owners" of works which are "notifiable" under the Act. In essence, this relates to any building work near or on a shared property boundary (i.e. the "party wall") and
2. where a building owner has served such a notice, an adjoining owner can then refer any disputes relating to the party wall works to the surveyors appointed as part of the party wall process - who have the power to determine such disputes and make compensatory awards.

The dispute

In this case, Mr Shah engaged builders to undertake works on his property, which his neighbours alleged involved the partial removal of a chimney breast (which were notifiable party wall...