Q&As

Where, under the Party Wall etc Act 1996, a building owner fails to comply with the requirements to serve a notice on the adjoining owner would the adjoining owner be able to seek an injunction to stop the works?

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Published on LexisPSL on 16/10/2014

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Where, under the Party Wall etc Act 1996, a building owner fails to comply with the requirements to serve a notice on the adjoining owner would the adjoining owner be able to seek an injunction to stop the works?
  • Party Wall etc Act 1996 procedure
  • Injunctive relief

Where, under the Party Wall etc Act 1996, a building owner fails to comply with the requirements to serve a notice on the adjoining owner would the adjoining owner be able to seek an injunction to stop the works?

Party Wall etc Act 1996 procedure

The Party Wall etc Act 1996 (PWA 1996) contains a procedure, including notification provisions, which the owner of a property must follow if they wish to carry out certain works to a party wall. The PWA 1996 also details what the owner of the adjoining property is able to do in response. See Practice Note: Quick guide to party walls.

There is a dispute resolution process under PWA 1996, s 10. If the adjoining owner objects to the building owner’s proposals or fails to respond to a notice, the dispute resolution procedure is triggered. This involves appointing a party wall surveyor who makes an award that is final and binding. These provisions assume that a notice is served under s 3(1). Failure to serve notice may result in the adjoining owner not being able to engage a surveyor to assess the condition of the building before, during and after the work.

The PWA 1996 includes no enforcement provisions. If the procedures required under PWA 1996 are not followed, the common law rules relating to party walls will apply. PWA 1996, in effect, extends

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