Boundary disputes can be a headache for property owners, leading to tension, uncertainty, and sometimes even legal battles. However, there is a tool available that could potentially help alleviate some of these issues, the Party Wall Act. While primarily known for its role in managing disputes related to shared walls between neighbouring properties, the Party Wall Act can also be utilised to address certain types of boundary disputes. In this post, we’ll explore how the Party Wall Act works and its applicability in resolving boundary disputes.

Understanding the Party Wall Act

The Party Wall Act 1996 is legislation that provides a framework for preventing and resolving disputes between property owners concerning party walls, boundary walls, and excavations near neighbouring properties. It sets out procedures for carrying out works that may affect shared structures and aims to ensure that any such works are conducted in a manner that minimises disruption and damage to adjoining properties.

Notice Requirements

Under the Party Wall Act, property owners planning to undertake certain types of work, such as building or modifying party walls, must serve notice to their neighbours. This notice provides details of the proposed work and gives neighbouring property owners the opportunity to consent or raise objections. Failure to serve the required notice to neighbouring property owners can lead to delays in the construction process and potential legal complications, making it essential for property owners to adhere to the notice requirements outlined in the Party Wall Act.

Dispute Resolution

Dispute resolution mechanisms outlined in the Party Wall Act, such as the appointment of surveyors to adjudicate the matter, are crucial for cases where neighbouring property owners cannot come to an agreement on proposed works. Additionally, these mechanisms help ensure that conflicts are resolved fairly and in accordance with the legal requirements, promoting harmony and cooperation between neighbours during construction projects.

Award

If a dispute arises, surveyors appointed under the Party Wall Act will typically produce a document known as a party wall award. This document sets out the rights and responsibilities of each party concerning the proposed works and may include provisions for resolving any disputes that may arise during the construction process. The party wall award is a legally binding document that provides clarity and guidance to both parties involved in the dispute, ensuring that the construction process proceeds smoothly and in accordance with the law.

Applicability to Boundary Disputes

While the Party Wall Act primarily deals with issues related to shared walls, it can also be relevant in certain boundary dispute scenarios. For example, if a proposed construction project involves works that could affect the position or stability of a boundary structure, such as a a flank  wall or party fence wall (a wall that straddles the boundary line that almost acts like a fence), or a type B Party Wall, neighbouring property owners may be able to use the Party Wall Act to address their concerns.

In cases where the boundary in question is not a party wall or where the dispute involves issues beyond the scope of the Act, alternative avenues for resolution, such as mediation or legal action, may be necessary.

If you require advice in relation to neighbouring works, that could give rise to such potential  boundary dispute scenarios described above, please feel free to contact our team of Chartered  Surveyors to get further advice.  

Could the Party Wall Act Help you to Resolve Boundary Disputes?

While the Party Wall Act is primarily designed to address disputes concerning party walls, it can also play a role in resolving certain types of boundary disputes. By providing a framework for communication, negotiation, and dispute resolution between neighbouring property owners, the Party Wall Act aims to minimise conflict and promote amicable solutions to issues arising from construction works. However, it’s essential for property owners to understand the limitations of the Party Wall Act and to seek appropriate advice and assistance when dealing with complex boundary-related matters.

Interested in receiving some advice? If you answered yes, then you can rest assured The Party Wall Guru has the answers to all of your questions. Simply head over to The Party Wall Guru website where you can find out more about us, the services we offer and how we can assist you when it comes to resolving your boundary disputes with the use of The Party Wall Act.
Should you wish to speak to a member of our helpful team directly, then please feel free to get in contact with us. This can be done by giving us a call on 020 8058 9883, by emailing us at surveyors@thepartywallguru.com or by completing our online contact form and we will get back to you promptly to discuss your requirements and potentially offer you a quote for the assistance you need at this time.