The short answer
Most party wall problems start with a misunderstanding of what the Act actually covers. The common myths are that work on your own land is exempt, that informal consent removes the need for a notice, that a retrospective award can always fix a missed notice, and that the award covers the whole project.
Why it matters
The reality on each:
- “My extension is on my land, so the Act does not apply.” Not necessarily — section 6 can apply to excavations close to a neighbour’s structure, and section 1 to new walls at or astride the boundary.
- “My neighbour consented, so I do not need a notice.” Informal consent is not enough; serve the correct notice, then the adjoining owner can consent or dissent.
- “A retrospective award can always fix a failure to serve notice.” No — it is a difficult, limited area, and surveyors should not pretend the Act was followed when it was not.
- “My neighbour can always stop foundations projecting beyond the boundary.” Not always — projection can be allowed where necessary for authorised work, though special foundations need written consent and a neighbour may later cut away projecting foundations for their own works.
- “An adjoining owner can simply refuse access.” Section 8 gives access where necessary and the correct notice was given; wrongful refusal may need formal enforcement, including a magistrates’ warrant in appropriate cases.
- “If my neighbour does not reply, I can start work.” No — after 14 days a dispute is deemed, surveyors are appointed, and if the neighbour still does not appoint, the building owner can appoint on their behalf under section 10(4).
- “The award covers the whole building project.” It does not — it regulates only matters within the Act.
What to do now
- Check whether your work is notifiable even if it is all on your own land.
- Serve the correct notice rather than relying on informal consent.
- Treat the award as covering only the notifiable elements.
Common mistakes
- Assuming on-your-own-land work is automatically exempt.
- Relying on informal consent or a non-response to start work.
- Expecting a retrospective award to cure a missed notice.
When to call Coburns
If you are not sure which of these applies to your situation, send us the details and we will set you straight before it becomes a dispute.