Lynwoods Building Consultancy - Party Walls and Boundaries

PARTY WALLS & BOUNDARY DISPUTES

If you’re a developer or a building owner intending to carry out building work on a party wall, on or near to a boundary line, or near to adjoining properties or structures then you must consider whether the Party Wall etc. Act 1996 applies to your project. From time to time we come across developers and building owners who are unaware of the requirements of the Act – or who have incorrectly assumed that it doesn’t apply to their project – and who’ve then commenced building works unlawfully.

It is often relatively straightforward to determine whether the Party Wall Act applies to your project and to then determine the correct procedure to follow.

when it comes to party wall issues we often experience the same problems:

Invalid Notices

Building owners serving poorly drafted notices that are invalid because they do not enclose the correct information or they do not give the required notice period. The building owner then thinks that ‘the job is done, lets crack on’.

Breaching Notices

Building owners breaching their notices by commencing work early or whilst there is an unresolved dispute in progress with an adjoining owner.

Triggering Disputes

Adjoining owners ignoring notices served upon them and thereby automatically triggering disputes after 14 days have elapsed – even though some adjoining owners do not wish to formally dispute the work.

Confusion

Building owners or adjoining owners believing that they have rights and powers over the works that are not granted to them under the Act or under Common Law.

examples of recent assistance we've provided:

Advising an owner on invalid party wall notices served by a neighbour

Preparing a schedule of condition on a commercial premises prior to the demolition of an adjoining property

Assisting two adjoining neighbours in resolving a disputed boundary with an old extension straddling the boundary line

Resolving party wall and boundary issues created by the construction of a convenience store on a site that adjoins numerous other properties

If you’re a developer or a building owner intending to carry out building works then we can offer you guidance on whether the Party Wall Act applies to your project, and if so, what process you will need to follow in order to fulfil your obligations to your adjoining neighbours. We can prepare and serve the correct notices on your behalf and can deal with all issues that arise in an amicable manner without taking an overly legalistic approach, as is often the case.

If you’re a property owner adjacent to a development site and have been served notice by the developer, or if you haven’t been served notice and feel that you should have been; then we can offer you guidance on whether the notices received, if any, are valid and what your options are in resolving the issues at hand.