Disputes involving party walls on your property raise similar issues to other kinds of boundary dispute. However, party walls are subject to greater statutory regulation under the Party Walls Act 1996.
If you or your business are planning any construction, repair or excavation work near to a party wall or structure, it is vital that these plans are fully compliant with the party wall legal framework.
Similarly, your rights regarding party walls or structures on your property may be affected by a neighbouring land owner’s work.
The legal framework covers different kinds of work on party walls:
- Repairs and alterations to an existing party wall.
- Construction of a new party wall along a boundary.
- Excavations within certain distances of a party wall.
At Luscombe Gray, we offer practical and effective legal assistance to clients involved in party wall disputes. Our solutions are formed from real-world context, not just abstract legal problem-solving. Your interests and the interests of your business are placed at the centre of what we do.
Needless aggression in property litigation is often counter-productive, leading to entrenched positions, protracted arguments, and financial harm. Luscombe Gray does things differently. We strongly believe in taking an ethical approach to commercial and property disputes, enforcing and protecting your rights, and recognising when conciliation and mediation are best for you or for the objectives of your business.
If you would like to discuss how Luscombe Gray can help you or your business, please do not hesitate to contact us.
The Party Walls Act 1996
The Act details the range of structures which are subject to the party wall provisions.
These include:
- Free-standing walls, such as a perimeter wall (although fences are not included).
- Shared walls of a building.
- ‘Party structures’, such as the floor/ceiling between offices in a tower block.
Party walls commonly run along the boundary between properties. However, in certain situations, the party wall legislation may apply to walls which are completely on your land or on adjacent land.
Surveyors and the party wall award
Appointing a specialist surveyor is a vital part of the party wall process. The parties in dispute can appoint a surveyor together or each appoint their own. This can serve to limit your liability and give you recourse should damage occur as a result of the work.
Once appointed, the surveyor (or surveyors working together) will produce a document called a party wall award. This will regulate many aspects of the work to be carried out, including:
- Rights and responsibilities of the parties involved
- The extent of the work being conducted
- The schedule and working hours
- What is to happen in the event of complications with the work
- The condition of each party’s property before the works commence
Instructing Luscombe Gray
Luscombe Gray is a boutique commercial and property litigation firm, providing a tailor-made service to all of our clients.
We believe first-class commercial legal support should be available to all. Whether you need advice as an individual, or on behalf of your business – whatever its size – we are more than willing to provide our services and put our specialist skill and knowledge at your disposal.
Your case will be handled by Chris Luscombe personally, so you can be certain that you or your business will be able to call upon the expertise of an experienced commercial and property litigation solicitor. Throughout his career, Chris has helped a wide range of clients with property disputes, from private clients, to small businesses, national pub companies, and multi-national telecoms giants.
Luscombe Gray is based in the heart of Yorkshire, in Harrogate, with the reach to assist clients across the country.
If you or your business needs legal support for a party wall dispute, contact Luscombe Gray for clear, ethical, expert advice.
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