Party Wall.

Until 1996, the provisions of the London Building Acts 1939 regulating the rights and obligations of adjoining owners of property were really only of concern to those seeking to carry out work in London. However, the implementation of the Party Wall Act 1996 extended those provisions to the whole of England and Wales. The 1996 Act contains provisions regulating:

The construction and repair of Party Walls and party fence walls on the line of junction between lands of adjoining owners
The excavation or erection of a building or structure which within 3m extends to a lower level than the foundations of an adjoining building or structure
The excavation or erection of a building or structure which will, within 6m, intersect a line drawn at 45 degrees down from an adjoining owner’s foundations

Legislation provides procedure for avoiding and resolving disputes, commencing with the service of notices and leading ultimately in most cases to an award where a party wall surveyor is appointed on behalf of the parties. An award can be challenged in the Courts.

The appointment of a party wall surveyor is often a necessary step in the planning of any city centre redevelopment project, as failure to comply with the procedure in obtaining an award will delay the commencement of work on site and in extreme cases, resulting in an injunction.

Morgan Maire advises and acts in relation to party wall matters of all sizes, ranging from domestic neighbourly disputes to large scale commercial developments.

The following are examples of current and recent instructions in party wall matters.

Acting on behalf Oriel Mostyn Gallery in relation to a £4 million gallery redevelopment scheme with significant impact on adjoining owners
Representing ScottishPower throughout the North West in neighbourly matters including Party Wall, Access Licences and compensation, oversailing agreements etc.

Morgan Maire endeavours to provide swift responses to party wall questions and also has a wealth of experience in neighbourly matters. These include the negotiation of access licences and oversailing agreements particularly where tower cranes are required. Morgan Maire are also requested to adjudicate in boundary disputes between neighbours.