What Are the Benefits for Both Parties?
For the Building Owners:
- Clarity:
The Party Wall Act provides a clear legal framework which protects both parties when carrying out works which are notifiable under the Act, ensuring that the works are lawful. - Minimise the risk of causing damage:
By following the terms of the Award, the chances of causing damage to the Adjoining Owners’ premises are reduced, protecting the Building Owners from potentially expensive claims for damages. - Access to Adjoining Owners’ land:
The Act also provides Building Owners with rights of access onto an Adjoining Owners’ land, in some circumstances, which would otherwise be considered a trespass. - Damage:
Where a dispute arises regarding damage, if damage is caused, the Party Wall surveyors have authority to deal with the dispute, which is quicker and less costly for both parties than litigation.
For the Adjoining Owners:
- Protection from Damage:
The Act safeguards the Adjoining Owners’ property from potential damage during construction, by setting out the Building Owners’ obligations to include whatever safeguards are considered appropriate to minimise the risk of damage. - Notices:
Where the Building Owners intend to carry out any notifiable works, they must serve notices on the Adjoining Owners in advance, giving them the chance to review the plans, raise any concerns, and to appoint a surveyor to represent their interests. - Dispute Resolution:
If any issues arise—such as concerns about damage or unnecessary inconvenience —the Act provides a structured way to resolve further disputes, instead of incurring potentially costly legal fees.