MCP Solicitors News

Party Wall

The law that governs work on a party wall is fraught with problems. There are strict procedures to be followed by property owners and developers for existing walls, new walls and excavation works. There are significant consequences for failing to follow these correct procedures.

What is a party wall?

The most recognisable party wall is a wall that forms part of a building owner’s building and stands on a boundary between the building owner’s land and the land of an adjoining owner. However, party structures can also include garden walls, vertical or horizontal walls, and floors or ceilings between flats and maisonettes.

The building owner must give notice

The building owner must give notice to all adjoining owners of any planned works. The notice requirements will depend on the type of work that is being undertaken. For example, a notice may be required for excavation works up to six metres from the property’s boundary.

Different types of works need different types of Notices.

Consequences of failing to follow the correct statutory procedures

Failure to serve a notice

A building owner will be in breach of the statutory procedure if they:

  • Fail to serve a notice.
  • Fail to serve the right notice.
  • Serve the notice on the wrong recipient.

In most cases a failure to serve notice on an adjoining owner can be resolved by the building owner stopping the work and following the correct procedures. However, where necessary, there are legal remedies that are available to the adjoining owner:

  • Injunction. If a building owner persistently refuses to follow the correct procedure the adjoining owner may seek an injunction. An injunction is a court order that, if granted, will prohibit the building owner from continuing the building work.
  • Claiming compensation. In some instances an injunction will not be appropriate (for example, where the building owner’s works have already reached completion). In this situation, the adjoining owner may bring court proceedings against the building owner and seek compensation (damages) for their failure to serve a notice. Right of access: refusal to give access

If a person is entitled to carry out work and has given 14 days’ notice of the proposed entry, it is an offence for an adjoining owner to:

  • Refuse a person access to land to carry out work.
  • Obstruct a person from carrying out work.

A building owner and his agents may (with police assistance) break open any fences or doors that prevent the building owner from exercising his right of access to adjoining land to carry out works.

Building owner goes beyond the remit of the party wall surveyor’s decision

If a building owner goes beyond the remit of the party wall surveyor’s decision and causes loss or damage by carrying out works, the building owner may be sued for damages.

More information

If you require further information on the content of this checklist please contact Andrew Davies e-mail apcd@mcp-law.co.uk