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Walls and Fences

Answer

The Government has no current plans to undertake a review of the Party Wall Act. The Department has not conducted post legislative review of the Party Wall Act 1996.

The Party Wall Act provides statutory rights for the owner to carry out work to their home as well as providing a dispute resolution procedure for Party Wall disputes. A building owner proposing to start work covered by the Act may give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes.

The Act establishes that a building owner must not cause unnecessary inconvenience to adjoining owners. This is taken to mean inconvenience over and above that which will inevitably occur when such works are properly undertaken. Under the Act, the building owner must provide temporary protection for adjacent buildings and property when necessary. The building owner is also responsible to making good any damage caused by the works or provide payment in lieu if requested by the adjoining owner.

Local planning authorities are required to give notice of a planning application and can serve a notice on any adjoining owner or occupier to which an application relates. Neighbours can make their representations during the 21-day consultation period. The grant of planning permission does not grant the consent of the landowner or remove the need for applicants to also comply with other legal requirements such as building regulations approval and the Party Wall Act. An enforcement notice can be served by the local planning authority against any breach of planning control.

Secondary information

Type

Written question

Reference

HL9070

Session

2022-23

Grouped for answer

Yes

Subjects

Owner occupation Walls and fences

Legislation

Party Wall etc Act 1996

Link

View this Written question on www.parliament.uk