Lynwoods Building Consultancy - Party Walls and Boundaries

PARTY WALLS & BOUNDARY DISPUTES

The Party Wall Act 1996 applies to most building work on a party wall, on or near to a boundary line or near to neighbouring property. If you’re a building owner intending to carry out such work, you must consider whether the Act applies. From time to time we come across owners who are completely unaware of the Act. Other owners incorrectly decide that the Act doesn’t apply to their project. They then commence the building work unlawfully.

It is often simple to determine whether the Act applies to any given project. The necessary procedure to follow then becomes clear. Owners risk making costly mistakes by not considering the requirements of the Act during the planning phase of their scheme.

we often experience the same problems with party wall matters:

Invalid Notices

Building owners serving poorly drafted notices that are invalid. The notices do not contain the correct information or they do not give the required notice period.

Breaching Notices

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

Triggering Disputes

Adjoining owners ignoring notices served upon them and thereby triggering disputes – even though some adjoining owners do not wish to dispute the work.

Confusion

Owners believing they have rights and powers over the works that are simply not granted to them under the Act.

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 building owner carrying out work then we can offer you guidance on whether the Party Wall Act applies to your project. We can advise what process you will need to follow in order to fulfil your obligations. We can deal with all subsequent issues that arise with the neighbours in an amicable manner.

If you’re a property owner and a neighbour has served notice upon you, we can inform you whether the notices received are valid. We can advise you on what your options are in resolving the issues at hand.

On behalf of our clients, we have resolved numerous disputes pertaining to Adverse Possession of land under the Land Registration Act 2002.