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: 16 October 2014
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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

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Jurisdiction(s):
United Kingdom
Key definition:
Party wall definition
What does Party wall mean?

A wall that forms part of a building which stands on land belonging to different owners or which separates buildings belonging to different owners.

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