Archive for the ‘Party Wall Awards’ Category

Serving notices by email

On 10 March 2016 the Department for Communities and Local Government approved the first amendment to the Party Wall etc. Act since it was enacted in 1996. The Party Wall etc. Act 1996 (Electronic Communications) Order 2016 - which comes into effect on 6 April 2016 - amends section 15 of the Party Wall Act to provide for service of notices, awards and other documents by email and other electronic means of ...

Limitation periods and the party wall act

October 29, 2014  |   Party Wall Awards,Party Wall Blog   |     | ?>

This post started life as a discussion on LinkedIn that generated a fair bit of debate, and I thought it would be helpful to surmise what can be a particularly tricky area of law. It commonly arise where an adjoining owner is claiming money against a building owner and so this post focuses on this scenario. Similar (but not identical) provisions apply for non-money claims (e.g. for specific performance). What is ...

Can surveyors make a party wall award without a notice?

It had long been thought that party wall surveyors could only make an award if the building owner had served a notice. This was the view expressed by the Court of Appeal in Louis v Sadiq. If no notice had been served then the adjoining owner would be left to apply for an injunction. However, that case was decided under the section 55 of the London Building Acts (Amendment) Act 1939, which provided:-

Patel v Peters – Validity of section 10(7) requests

A couple of weeks ago the Court of Appeal handed down judgment in Patel v Peters [2014] EWCA Civ 335 in which the Court gave guidance on the correct interpretation of section 10(7) of the Party wall etc. Act 1996 (“the 1996 Act”). I acted for the successful appellants. Background Mr and Mrs Patel wanted to undertake works to their property that were subject ...

Serving documents under the party wall act

February 24, 2014  |   Party Wall Awards,Party Wall Blog,Party Wall Notices   |     | ?>

Many disputes between owners, and a large proportion of appeals against Party Wall Awards, are caused by notices and other documents either not being correctly addressed, or not being correctly served. Under section 15 of the Party Wall Act there are two sets of rules for serving notices and other documents. Sub-section 1 applies to all people, but sub-section 2 applies only to an “owner of premises”. It should be borne ...

Alternatives to party wall injunctions

If a building owner starts work without first serving the required notice under the Party Wall Act the adjoining owner can apply to the Court for an emergency injunction stopping the works. But party wall injunctions are not the only option. Where the building owner serves a notice and the adjoining owner does not agree to the works within 14 days then a "deemed" dispute arises (for example, under section 5 ...