The Howard Jenkins Consultancy

Party Wall Matters

 

Party Wall Matters are governed by the Party Wall etc. Act 1996. This sets out the procedures for working on party structures, working on buildings adjacent to boundaries and working on or near boundaries. The Act defines those who propose to undertake work as Building Owners and those affected (under the provisions of the Act) as Adjoining Owners. Building Owners should seek professional advice before undertaking any works that may fall within the provisions of the Act and before 'serving notice' on Adjoining Owners to advise the works to be undertaken. Adjoining Owners should take advice too, ideally when it becomes known that works are planned by the Building Owner and certainly when notice is received and before their receipt is 'acknowledged' and a 'Dispute' occurs.

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The process after 'acknowledgements' is intended to facilitate Building Owners undertaking their legitimate works within agreed parameters whilst protecting the rights of Adjoining Owners and assisting both to avoid frustrating the process, intentionally or unintentionally. 

 

The conclusion of the necessary discussions that take place prior to works commencing is settled in an Award, agreed by both or all parties. This is a statutory document, enforceable in the Court. Settlement of Awards will hopefully prevent expensive disputes.