Party Wall Disputes

Dr Laura Lintott LLM PLP (BPP), MA (Oxon), PhD (Cantab), FCIArb is a Solicitor Advocate and International Arbitrator in London. She has extensive experience leading on complex international and domestic construction disputes. Laura is a Fellow of the Chartered Institute of Arbitrators and a Visiting Fellow at King’s College London where she joined the Centre of Construction Law & Dispute Resolution’s Taskforce, which responded to the Law Commission’s two consultations regarding Arbitration Act 1996 reforms reflected in the Arbitration Bill noted in the King’s Speech in 2024. The Arbitration Act 2025 then received Royal Assent on 24 February 2025. Laura contributed a chapter to the book The History of the Technology and Construction Court on its 150th Anniversary, edited by Sir Peter Coulson and Dr David Sawtell. She is a frequent panellist/(podcast) speaker and publishes regularly in numerous journals and periodicals.

• About the Author xiForeword xiiiPreface xviiGlossary of Definitions xxi1 Introduction 11.1 The Aim of This Book 11.2 Chapter Breakdown 52 What Is a Party Wall? 92.1 Introduction 92.2 Definitions of ‘Party Wall’ 102.3 Party Fence Wall 192.4 Party Structures 202.5 Excavations 212.6 Special Foundations 232.7 Conclusion 243 Statutory Rights – Party Wall etc. Act 1996 253.1 History behind the Party Wall etc. Act 1996 253.2 The Purposes of and Main Areas Covered by the Party Wall etc. Act 1996 293.3 Areas of Uncertainty 303.3.1 Scale 303.3.2 Location 303.3.3 What Does the Party Wall etc. Act 1996 Not Do? 313.3.4 ‘Construction Rights’ 313.3.5 Potential for Reforms 323.4 Rights and Obligations of the Parties Under the Party Wall etc. Act 1996 333.5 Party Wall etc. Act 1996 (Electronic Communication) Order 2016 (SI 2016/335) 363.6 Conclusion 374 Disputes Related To Party Walls 394.1 Introduction 394.2 Notices and the Dispute Resolution Procedure Under the Party Wall etc. Act 1996 394.3 When a Dispute Arises Under the Party Wall etc. Act 1996 404.4 Notice Procedure 404.4.1 Works to an Existing Wall – Sections 2 and 3 of the Party Wall etc. Act 1996 404.4.2 New Wall or Party Fence Wall Under Section 1 of the Party Wall etc. Act 1996 414.4.3 Excavations Within Three or Six Metres of the Adjoining Owner’s Buildings Under Section 6 of the Party Wall etc. Act 1996 424.5 Party Wall Dispute Resolution Procedure Under the Party Wall etc. Act 1996 424.5.1 Introduction 424.5.2 The Surveyor 464.5.3 The Award 494.5.4 Costs 534.5.5 Expenses 544.5.6 Compensation 554.5.7 Jurisdiction to Award Compensation 564.5.8 Security 564.5.9 Failure to Comply with the Party Wall etc. Act 1996 574.5.10 Injunctions 594.5.11 Contribution and Causation 624.5.12 Failure to Agree on a Surveyor and Acting Beyond the Realm of the Party Wall etc. Act 1996 634.5.13 Buying a Property Where a Party Wall Award Has Already Been Made 644.5.14 Party Wall Dispute Resolution Procedure Under the Party Wall etc. Act 1996 – Conclusion 654.6 Other Forms of Dispute Resolution in the Context of Party Wall Disputes 664.6.1 Introduction 664.6.2 The Protocol 664.6.3 The Party Wall etc. Act 1996 Dispute Resolution Process and Courts 674.6.4 Parties Applying the Party Wall etc. Act 1996 Dispute Resolution Mechanism Voluntarily by Agreement, Where the Building Owner Failed to Issue the Relevant Notice Under the Party Wall etc. Act 1996 684.6.5 Alternative Dispute Resolution 694.6.6 Courts’ Support of Alternative Dispute Resolution 694.6.7 Methods of Alternative Dispute Resolution 714.6.8 Can Parties ‘opt out’ of the Party Wall etc. Act 1996? 744.6.9 Critical Considerations 794.7 Conclusion 815 Other Statutory Rights Relevant To Party Walls 835.1 Introduction 835.2 Access to Neighbouring Land Act 1992 845.2.1 Relevance of the Access to Neighbouring Land Act 1992 to Party Walls 845.2.2 Practical Considerations – Scaffolding and Crane Oversail 875.3 Boundary Determination and Related Legislation in the Context of Party Walls 895.3.1 Introduction 895.3.2 Registered Land Boundaries – General Boundary Rule 915.3.3 Law of Property Act 1925 and Party Walls 925.4 Property Boundaries (Resolution of Disputes) Bill [HL] 2019–2020 955.5 Human Rights Act 1998 975.5.1 Article 6(1) 975.5.2 Article 8 1015.5.3 Article 1 of the First Protocol to the Convention 1025.6 Environmental Protection Act 1990 and Control of Pollution Act 1974 1035.7 Crossrail Act 2008, High Speed Rail (London – West Midlands) Act 2017 and High Speed Rail (West Midlands – Crewe) Act 2021 1055.7.1 Crossrail Act 2008 1055.7.2 High Speed Rail (London – West Midlands) Act 2017 and High Speed Rail (West Midlands – Crewe) Act 2021 (HS2 Legislation) 1055.8 Conclusion 1066 Proprietary Rights in Land – Easements 1096.1 Introduction – Easements 1096.2 Easements – Right of Way 1106.3 Easements – Right of Support 1146.3.1 Introduction 1146.3.2 Weather Protection 1186.3.3 Excavations 1216.3.4 Easements – Right of Support – Conclusion 1236.4 Easements – Rights to Drainage 1236.5 Linked to Easements – Are There Rights or Obligations to Repair a Party Wall? 1256.5.1 Party Wall etc. Act 1996 and Repairing a Party Wall 1256.5.2 Easements and the Right vs. Obligation to Repair 1276.5.2.1 Is There a Right to Repair? 1276.5.2.2 Is There an Obligation to Repair? 1336.5.3 Covenants to Repair 1356.5.4 Are There Rights or Obligations to Repair a Party Wall? – Conclusion 1366.6 Conclusion 1377 Torts – Common Law Nuisance 1397.1 Introduction 1397.2 The Meaning of Common Law Nuisance 1447.3 Noise, Including Control of Construction Noise, Sound Proofing and Vibration 1467.3.1 The Interrelationship Between the Party Wall etc. Act 1996 and Noise, Including Control of Construction Noise, Sound Proofing and Vibration 1477.3.2 Noise Nuisance Caused by Works to Party Walls 1487.3.3 Noise Nuisance and Party Wall Sound Proofing 1497.3.4 Noise Nuisance and Party Walls – Case Law Examples 1517.3.4.1 ‘Reasonable’ Use of Dwellings 1517.3.4.2 Noise Caused by Construction Works 1547.3.5 Vibration 1567.3.6 Noise, Including Control of Construction Noise, Sound Proofing and Vibration – Conclusion 1607.4 Rights to Light 1607.4.1 What is a Right to Light? 1607.4.2 Nuisance Related to the Right to Light 1627.4.3 Enforcing a Right to Light 1627.4.4 The Interrelationship Between the Party Wall etc. Act 1996 and Rights to Light 1657.4.5 Case Law Examples of Party Walls’ Ability to Interfere with Rights to Light 1667.4.6 Rights to Light – Conclusion 1778 Structural Issues 1819 Conclusion 189Bibliography 195Index 205