If you own a commercial or residential property that joins another building the wall that joins the two buildings is a party wall. A party wall can also separate land or buildings.

In England and Wales the Party Wall Act 1996 sets out the law regarding work on party walls. It was created to clarify the scope of work and the individual responsibilities when it comes to working on party walls. It sets out when you need a party wall notice, advising your neighbour of the proposed plans.

It helps prevent party wall disputes and can help settle them if problems between any parties arise. The act sets out when you need to create a party wall agreement with your neighbour and when you will need to provide a party wall notice.
BTMK have expert party wall solicitors in Thorpe Bay and we work alongside specialist party wall surveyors, who have the necessary experience and expertise in this field.

Party Wall Notice

Building and remedial works on party walls can and do cause disputes between neighbours. When you carry out certain types of work you will be required to give any owners notice.

Putting up a shelf, for example, won’t require a party wall notice. But other types of work will require a notice. These include:

  • Building a new party wall or structure
  • Building work on an existing wall or structure, including changing the height and depth
  • Removing a chimney breast
  • Excavating near or below the foundations of a neighbouring property
  • Removing and rebuilding an existing party wall or structure

Our party wall solicitors in Thorpe Bay will refer you to an expert surveyor, and then help you through the legal process. If you’ve been served a party wall notice we can advise you on the legal options available to you.

The documentation process can be complicated and requires specialist advice, particularly when serving or responding to a party wall notice. Depending on the work being carried out, there are different notice options and the different remedial works require different notice periods.

Party Wall Disputes

A disagreement over a party wall can escalate quickly. Or if a neighbour claims property damage and a notice was not issued correctly or perhaps never issued at all, the other party might seek an injunction to stop the work and claim damages. Without a party wall notice, it can be difficult to challenge a claim of damage to an existing wall.

Our party wall solicitors in Thorpe Bay are experts in property and dispute litigation, for both commercial and residential property.
A neighbour might want to cause a deliberate delay to planned work or you might want to make an appeal against an award.

Our specialists can help with all aspects of your party wall process or dispute, for example serving party wall notices, counter notices and injunctions to prevent work that has not been authorised. We can ensure any agreed work is regulated properly and help with damages, should the need arise.

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Adam Fleming

Litigation & Dispute Resolution | BTMK Todmans

Fiona McAnaw

Litigation & Dispute Resolution , Employment | BTMK Solicitors

Gabriella Shepherd

Litigation & Dispute Resolution | BTMK Todmans

Emily Aylott

Litigation & Dispute Resolution | BTMK Solicitors

Makayla Phillips

Resolution, Insolvency & Insolvency Litigation | BTMK Solicitors

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