header-logo header-logo

Home Login E-newsletter About us
21 April 2023 / Jamie Sutherland , Imogen Dodds
Issue: 8021 / Categories: Features , Property
printer mail-detail

Party wall disputes: in on the Act?

© Copyright LexisNexis 2026. All Rights Reserved.
119100
Jamie Sutherland & Imogen Dodds consider the respective scope of the Party Wall etc Act 1996 & the common law
  • An owner cannot use a statutory dispute resolution procedure where their neighbour has carried out works without serving a statutory party wall notice.
  • Their recourse is to the courts and common law when the statutory scheme has not been followed or does not apply.
  • Time and costs can be saved by both parties following proper procedures.

In the recent Court of Appeal case of Shah and another v Power [2023] EWCA Civ 239, [2023] All ER (D) 29 (Mar), Mr Shah had carried out works to his semi-detached house. Rightly or wrongly, his planning consultant had advised that the Party Wall etc Act 1996 (PWA 1996) did not apply to his works, and that there was consequently no need for him to serve prior notice of the works on the adjoining owners under s 3, PWA 1996. The adjoining owners subsequently claimed to have suffered

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Read All
NLJ this week: Burnout behind the billable hour
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
NLJ this week: Domestic abuse reforms still falling short
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
NLJ this week: Uber’s legal shield faces scrutiny on both sides of the Atlantic
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
NLJ this week: Is it finally time to scrap Part III?
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
NLJ this week: Hereditary peers era finally comes to an end
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Copyright © 2026 LexisNexis
back-to-top-scroll