ABSTRACT

This chapter discusses the main rights and liabilities of owners of party walls and outlines the control by local authorities of dangerous structures. The Party Wall Act 1996 sets out specific rights in relation to work on party walls and the like for building owners. These are exclusive of the common law, but the Act does not authorise any interference with an easement of light or other easements in relation to a party wall. A principal object of 1996 Act is to provide for self-contained list of rights for building owners in relation to party walls and related structures, combined with a sui generis scheme for dispute resolution. Under section 2 of the 1996 Act, building owner has a statutory right to interfere with proprietary rights of adjoining owner. An adjoining owner has the right to serve counter-notice on the building owner: this notice must be served within one month of the day of service of party structure notice.