WHAT IS THE PARTY WALL ETC ACT 1996?

This is one of those areas of law of immense importance to those affected by it, but sadly neglected by those who pretend to understand it. It is crucially important that expert knowledge is relied upon at all times. To get it wrong can unfortunately result in some very serious financial and other consequences.

The Act creates a regime enabling property owners to undertake certain works that previously required the consent of the adjoining owner, without which it was impossible to do the work. The Act entitles an owner to interfere with the proprietary rights of another owner without fear of any legal liability, provided that the provisions of the Act are followed.

The Act, therefore, can provide an efficient procedure enabling works that will affect neighboring owners to be put in hand promptly, and on a fair and reasonable basis. The process should result in what is referred to as an Award that legalizes the activities in question and avoids any actions in trespass or nuisance.

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