The short answer
Material shortages can delay a programme, but they do not remove the building owner’s duties under the Act. Under section 7(1), a building owner must not exercise rights in a way, or at a time, that causes unnecessary inconvenience to an adjoining owner or occupier, so delay and poor planning can make the process harder and more expensive.
Why it matters
Section 7(1) bites when materials are delayed, scaffolding is left up, access is blocked, or works are opened up and left unfinished. Building owners should order key materials in good time, especially where works involve temporary exposure of a party wall, weathering details, scaffolding over neighbouring land, matching brickwork or specialist materials, or structural steelwork. Access over the neighbour’s land should be kept to the minimum reasonably required and is not a storage right; if work is delayed, consider removing or reducing scaffolding, hoarding or protection until work resumes. Matching materials can matter on older properties — sometimes it is better to wait for reclaimed or matching bricks than to rush an unsuitable repair. Awards often include a commencement or expiry provision; a 12-month period is usually sensible, but the key is a realistic programme that does not leave the neighbour exposed to open-ended uncertainty.
What to do now
- Order key and specialist materials early, and plan around long-lead items.
- Keep access and scaffolding to the minimum necessary, reducing them during delays.
- Wait for matching materials where a rushed repair would create a new dispute.
- Make sure the award reflects a realistic programme.
Common mistakes
- Letting scaffolding or access sit in place during a materials delay.
- Treating the neighbour’s land as a storage right.
- Rushing an unsuitable repair rather than waiting for matching materials.
When to call Coburns
If a materials delay is affecting a neighbour, on either side, send us the details and we will help keep the position within section 7(1).