The development of property on – or adjacent to – a party wall is a minefield of statute and the more traditional common law. Whether you are a trying to develop your property or seeking to protect it from interference caused by construction undertaken by a neighbour, we can help.
What is the Party Wall Act?
The Party Wall etc. Act 1996 was introduced to provide rights for parties developing their property as well as protection for owners of adjoining property.
The purpose of the Act is to minimise and help to resolve disputes. However, the mantra of “No notice, no Act” means that parties affected by neighbouring building works need to act quickly where the developer commences works without serving an appropriate notice under the Act.
You may be serving a party structure notice providing notice of works which you propose to undertake on a party wall, or you may have received a notice from your neighbour. Each of these parties will usually need to take specific steps in a timely manner.
When does the Party Wall Act apply?
There are various instances where the Act requires a building owner to serve notice upon the adjoining owner before undertaking works to a party wall.
Works to a party wall may include:
- Building or demolishing a party wall
- Building within three or six metres of the adjoining owner’s walls or buildings
- Excavating a site up to six metres from neighbouring buildings
- Digging beneath foundations
- Changing structural support
- Building a basement
- Building a loft conversion
- Carrying out works or repairs to a party structure
How we can help
Our services include:
- Bringing or defending injunction applications to halt development
- Damages claims
- Trespass claims
- Nuisance and negligence claims
- Restrictive covenants
- Boundaries and adverse possession
- Appeals against notices
- Issues relating to defective notices
- Works exceeding the scope of a Party Wall Award
- Alternative dispute resolution including mediation
With the combined expertise of our Property Litigation and Construction and Engineering teams, DTM Legal offers a specialist party wall service.