Risk to neighbours when carrying out building work is central to the Party Wall etc. Act 1996. However, many people don’t realise that it is not always necessary to serve a Party Wall Notice when the Party Wall Act says so (see...
What should you do upon receipt of a Party Wall Notice?
It can be confusing and leave you unsure how to respond when you receive a Notice advising that your neighbour intends to carry out works which might affect the party wall or site boundary between you, or risk movement to your foundations. You have the option to...
Party Wall Surveyors – ongoing jurisdiction
Fernando v London Borough of Newham (unreported) – Before His Honour Judge Parfitt sitting at the County Court at Mayors & City Of London Court 17th June 2024 In 2011, Newham decided to demolish their semi-detached house at 44 Barrington Road, so in early...
Party Wall Act – Do You Really Need to Serve Notice?
Following the recent Court of Appeal decision of Power & Kyson v Shah (2023), it is now the case that the PWA cannot apply unless and until a valid Notice has been served. The requirement for Notices to be served in appropriate cases remains, but if that is not...
Is it always necessary to issue a Party Wall Notice, when the Party Wall Act says so?
In a word - no. “De minimis” is a legal principle which allows for matters that are small scale or of insufficient importance to be exempted from a rule or requirement. It can be used by the courts as an exclusionary tool to dismiss trivial matters from litigation. It...
Party Wall Act – Dealing With Damage
What do you do when there is an issue of damage caused by work authorised by a Party Wall Award? If you are an Adjoining Owner and you suspect that damage has been caused by your neighbour’s work then you should notify the Building Owner (or his contractor /...