Please reload

Recent Posts

I'm busy working on my blog posts. Watch this space!

Please reload

Featured Posts

No Notice – No Act

June 13, 2017


Some people believe (including Party Wall Surveyors) that it is not always necessary to serve a Notice if written consent is obtained from an Adjoining Owner. It is likely that this belief stems from two factors:


1. If the neighbour provides written consent to the work then the Building Owner simply cannot be doing anything wrong.

2. Section 3(3)(a) of the Act states ‘Nothing in this section shall prevent a building owner from exercising with the consent in writing of the adjoining owners and of the adjoining occupiers any right conferred on him by section 2.’

The case of Kaye V Lawrence (2010) tidied this up. Whilst the case was not primarily about the service of Notices, Judge Ramsey stated: ‘The 1996 Act provides that the building owner must give notice if he wishes to carry out work under sections 1, 2 and 6. If the matter is not agreed between the parties, the matter has to be resolved by an award of the surveyors or the third surveyor. Unless and until that happens the building owner cannot carry out the work and then can only carry out the work in accordance with the agreement or the award.’

It is clear from this interpretation that Notices are an obligation. In any case, should an Adjoining Owner be willing to provide consent, they can do so on the acknowledgement form to a Notice. At TPWC we can serve Notices for you, free of charge. This will help to ensure that you are fulfilling your legal obligations by notifying your neighbour.

Share on Facebook
Share on Twitter
Please reload

Follow Us

I'm busy working on my blog posts. Watch this space!

Please reload

Search By Tags
Please reload

  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square

© 2017  Proudly created by TPWC

020 3908 0000


8 Hamilton Road 

W5 2EQ

Company number 10690966

  • White Facebook Icon
  • White Twitter Icon
  • White Instagram Icon