4 ways you might be affected by the Party Wall Act

4 ways you might be affected by the Party Wall Act

What happens if an existing party wall is damaged and one neighbour wants to do something about it because it is affecting them, but their neighbour is not cooperating? What is the process and what can be recovered if there is damage to either party as a result of either the neglect/delay and/or the repair works?

1. Can I compel the adjoining land owner to cooperate in repairing a party wall?

It may be that the party wall is damaged and you are concerned to ensure it is repaired, but that your adjoining land owner is simply not interested or not around (eg an absent landlord for whom the tenants will not provide contact details).

You cannot, by the Party Wall Act 1996 procedure, compel the adjoining land owner to participate or cooperate with you as regards any proposed repair works.

You can, however, proceed with the Party Wall Act 1996 process and obtain an award, which will at least give you some protection should the adjoining land owner later complain about the work being done. The party wall award can also allocate costs for the works if the works are to repair existing structures.

2. The building owner has allowed a party wall to fall into disrepair and it is damaging my property—what can I do?

Unless there is a party wall process already under way, this scenario is dealt with outside the Party Wall Act 1996.

If an existing party wall is damaged but the building owner (on whose land the party wall is situated) fails to do anything about it, any neglect or inaction on their part in repairing th

Subscription Form

Already a subscriber? Login
RELX (UK) Limited, trading as LexisNexis, and our LexisNexis Legal & Professional group companies will contact you to confirm your email address. You can manage your communication preferences via our Preference Centre. You can learn more about how we handle your personal data and your rights by reviewing our  Privacy Policy.

Related Articles:
Latest Articles:

Access this article and thousands of others like it free by subscribing to our blog.

Read full article

Already a subscriber? Login

About the author: