Party wall disputes solicitors
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Contact our teamDealing with a party wall dispute can be stressful, especially when it involves the structural integrity of your home or property.
At Moore Barlow, our experienced party wall dispute solicitors are here to help you navigate these complex issues, ensuring compliance with the Party Wall etc. Act 1996 and protecting your property rights. Whether you’re planning construction work or responding to a neighbour’s notice, we provide clear, practical legal guidance to resolve disputes efficiently and avoid costly delays.
What is a party wall dispute?
A party wall dispute occurs when neighbouring property owners disagree over construction or alterations involving a shared wall, close to the boundary, or structure known as a “party wall.” These disputes typically arise when one party plans to carry out work that may affect the structural integrity, appearance, or use of the wall.
Under the Party Wall etc. Act 1996, property owners are required to give notice and seek consent from their neighbours before starting any work on or near a party wall, and failure to do so can lead to legal disputes.
Ensuring such works are handled correctly under the Party Wall etc. Act 1996 is vital to avoid conflicts and maintain good relations with your neighbour.
What causes party wall disputes?
Several issues can lead to a party wall dispute, especially when the proper legal procedures are not followed. Common causes include:
Failure to serve a party wall notice
If one property owner plans work on or near a party wall and fails to notify the adjoining owner in advance, this can lead to a dispute. Under the Party Wall etc. Act, serving a formal notice is mandatory before commencing any relevant work.
Structural concerns
If proposed building works pose a risk to the structural stability of a shared wall, it can result in objections from the neighbouring owner. This could include concerns over subsidence, damage, or weakening of the wall.
Encroachment
Disputes can arise if one property owner extends or modifies the party wall in a way that infringes on the other owner’s property, such as building into the wall without permission or consent.
Noise and disturbance
Construction work that causes excessive noise, dust, or vibrations can lead to complaints from neighbours, especially when the works are prolonged or disruptive.
Damage to property
Any work that leads to damage on the neighbour’s side of the party wall, such as cracks, water leakage, or cosmetic damage, can escalate into a dispute, particularly if the responsible party does not take steps to repair or compensate for the damage.
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What is an example of a party wall dispute?
An example of a party wall dispute is when a neighbour starts building an extension that impacts a shared wall, without serving proper notice or gaining consent. The other property owner might object due to concerns about structural damage or disruption, leading to a legal dispute under the Party Wall etc. Act.
What are my rights with a party wall?
As a property owner, you have the right to be notified if your neighbour plans to carry out work on or near a shared party wall. You can consent, request changes, or appoint a surveyor if you have concerns. You’re also entitled to protection from damage caused by the work and can seek compensation if necessary.
The Party Wall etc. Act 1996 ensures that your rights and property are safeguarded during construction, and work should not begin without following proper legal procedures.
How to solve a party wall dispute?
To resolve a party wall dispute, you should start by discussing matters with your neighbour to try to reach agreement. In addition, discuss the case with your solicitors to make sure the correct notice has been served.
If you cannot reach a resolution, other options may be available such as mediation. Alternatively, each party can appoint their own surveyor, or agree on one, to prepare a a legally binding award outlining how the work should proceed.
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What happens if I disagree with a party wall agreement?
If you disagree with a party wall agreement (also known as a party wall award), you can appeal the decision through the county court It’s advisable to seek legal advice before appealing, as the court will consider the surveyor’s award and the specifics of the case.
What to do when your neighbour ignores the Party Wall Act?
If your neighbour ignores the Party Wall etc. Act, you can issue a formal notice reminding them of their legal obligations. If they still fail to comply, you may need to seek an injunction to stop the work or hire a party wall surveyor to resolve the dispute legally. Although this action should not be taken lightly and legal advice should first be obtained.
How we can help
At Moore Barlow, we offer expert legal advice and representation to help you manage party wall disputes effectively, ensuring compliance with the Party Wall etc. Act 1996 and minimising conflict. Whether you are planning work or responding to a notice, our experienced solicitors can guide you through the process.
- Serving party wall notices: We ensure that party wall notices are served correctly and on time, outlining the proposed works clearly to avoid misunderstandings and disputes from the outset.
- Dispute resolution: If a dispute arises, we can help resolve the issue through negotiation and legal guidance. We work to find mutually acceptable solutions that protect your property rights and minimise disruption to both parties.
- Surveyor appointments: In cases where the parties cannot agree, each side may need to appoint a surveyor to assess the situation. We can advise on this process and help you select a qualified party wall surveyor to ensure the matter is handled fairly and professionally.
- Injunctions and legal action: If necessary, we can take legal action to enforce or challenge works under the Party Wall etc. Act. This could involve applying for an injunction to stop unauthorised works or seeking compensation for any damage caused to your property.
Why party wall disputes need legal guidance
Party wall disputes can quickly escalate if not handled properly, resulting in costly delays, property damage, and strained relationships with neighbours. The Party Wall etc. Act 1996 provides a clear legal framework for managing these issues, but strict compliance is essential.
Engaging an experienced solicitor ensures that you understand your rights and obligations, and helps you navigate the process smoothly. Legal advice can prevent potential conflicts or resolve disputes early, reducing stress and avoiding litigation where possible.
Contact us
If you’re facing a party wall dispute or need advice on complying with the Party Wall etc. Act 1996, contact Moore Barlow for expert legal support. Our specialist team is ready to assist with serving notices, resolving disputes, and representing your interests throughout the process. With offices in London, Richmond, Southampton, Guildford, Lymington, and Woking, we offer both local and national guidance tailored to your needs. Reach out to us today for a consultation and let us help you resolve your party wall dispute effectively and professionally.
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