The Party Wall etc Act 1996 grants rights which do not exist within common law to Building Owners undertaking certain construction work. Actions that otherwise might stray into common law torts of nuisance, negligence, trespass etc possibly resulting in legal action instead can come under the remit of the Party Wall etc. Act 1996.
Provided the processes of the Party Wall etc. Act are followed and the works are those prescribed within the Act, a Building Owner can exercise these rights and the Adjoining Owner cannot hold the works up or prevent the works from going ahead.
The Party Wall etc. Act provides a framework for amicably preventing and resolving potential disputes between neighbours in connection with party structures, boundary walls and excavations close to neighbouring structures.
Works covered by the Party Wall etc Act and properly notified to the neighbour can also give a right of access to the neighbour in as much as it is necessary in order to carry out the notified works. Under common law no such right of access would exist.
More information can be found on the website of the Faculty of Party Wall Surveyors or the Pyramus & Thisbe Society. Eames Ltd.’s staff are members of both organisations. Please call if you would like to discuss your project without obligation.