‘The Party Wall etc. Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings. A building owner proposing to start work covered by the Act, must give owners notice of their intentions in the way set down in the Act’ (extracted form Government guidance notes on the Party Wall etc. Act 1996).
The requirements of the Act and its implementation are easily overlooked or misinterpreted, and this can give rise to injunction claims and claims in trespass and nuisance.
We receive instructions from developers and individuals planning on building works on or near a party structure, as well as from neighbouring owners in receipt of a Notice or affected by building works. We are able to provide advice on legal rights and duties in relation to the Act, and we often liaise with Party Wall Surveyors in order to find solutions. If all else fails, we have experience litigating party wall related claims.