Party Wall Solicitors

Expert legal advice for party wall disputes

Whether you seek to improve your own property or protect it from the construction activities of a neighbour, we can help. The party wall disputes team at Osbornes has a track record of advising homeowners and commercial property owners on their rights and obligations under the Party Wall Act 1966.

Contact us

Contact

Party wall dispute resolution for you and your business

This page will tell you more about party wall disputes and what the options are for avoiding problems before any works commence. You will find out about our extensive experience resolving party wall conflicts, and how our supportive team can protect your property and your interests.

We provide dispute resolution services to all property owners who are affected by works to a shared wall or fence. Our property litigation lawyers know the provisions of the Party Wall Act inside out. Working hand-in-hand with you and your surveyors, we can ensure that everyone meets their obligations swiftly and with the minimum fuss. 

How we can help

It’s easy to think, “I get on with my neighbours so it won’t be a problem” when you are planning to carry out work that affects a shared wall. But if a neighbour claims you damaged their property, things can quickly escalate and end up in court. 

Our expert property litigation team can help stop these problems before they begin. We have substantial experience in party wall disputes for both residential and commercial property. We can help you resolve problems quickly and cost-effectively, protecting everyone’s interests and keeping the development on track. Our service includes:

  • Serving notices and counter-notices under the Party Wall etc Act 1996
  • Dealing with neighbours who want to frustrate or delay the works
  • Injunctions to stop unauthorised work 
  • Appeals against unfair party wall awards
  • Regulating the construction work

Party wall issues can become very complicated. It is important to get legal help when serving or responding to notices, to ensure they go to the right people at the right time. If work has already commenced without the correct procedure being complied with, we can help you obtain an injunction to stop the work.  

For more information about our services, please contact our party wall disputes lawyers today.

Party Wall FAQs

What is a party wall dispute?

A party wall is any structure that straddles the boundary between two properties. It can be: 

  • Vertical, as in the wall between semi-detached houses 
  • Horizontal, such as the floor of a flat
  • A standalone boundary structure that separates land from the adjoining property

Any work that you or your neighbour carries out to a party wall can potentially lead to a party wall dispute. For example, you would not be happy if your neighbour did shoddy work that affected the structural integrity of your home. 

The most common type of dispute occurs when someone does work to a shared wall without their neighbour’s permission, or a neighbour refuses to give consent to the proposed building work. The procedure for resolving these disputes is set out in the Party Wall Act 1996. 

What is the Party Wall Act?

The Party Wall Act 1996 is a legal framework for minimising party wall disputes. It enables someone to make adjustments to the full thickness of a party wall without trespassing on their neighbour’s property. 

The Act does a number of things:  

  • Sets out what type of building work can and cannot take place regarding a party wall
  • Requires the person carrying out renovations to give neighbours two months’ notice in writing of their plans
  • Permits the adjacent owner to consent or object to the renovations within 14 days of receiving the notice
  • Sets out a dispute resolution procedure where an independent surveyor will make an award regarding the details of the works, timescales and protective measures needed for adjacent properties – rather like a judge would if the matter went to court.

The Act is a complicated piece of legislation. There are different types of notice that require different time periods for when the work can begin. Our team can provide expert advice about party walls and make sure you’re following the correct procedure from both sides of the fence.

When does the Party Wall Act apply?

Changes to a property which might fall under the Party Wall Act include:

  • Demolishing a party wall or any part of it
  • Cutting into a party wall
  • Changing the structural support beams, such as putting in RSJs
  • Constructing a new building at the boundary of two properties, including a garage or shed
  • Carrying out a loft conversion.
  • Digging beneath the foundations of a party wall, such as creating a basement
  • Damp proof installation

Permission is not normally required for routine changes to a party wall such as changing an electrical socket, unless the work involves removing a section of the wall.

Before doing any work that affects a party wall, you must check whether your project is covered by the Party Wall Act. Your local planning or building control departments will not tell you, so it is essential to take legal advice from a specialist party wall solicitor.

What happens if my neighbour does work to a party wall without my permission?

In some party wall disputes, if work has already started, you may have to ask the court for an injunction. This will stop the work temporarily while you agree what needs to be done to protect your property.  

The cost of obtaining a party wall injunction can usually be recovered from your neighbour if the judge grants you the injunction.

What is a Party Wall Award?

A party wall Award is  made by an independent surveyor in a party wall dispute. It defines what work can be done with a timeline for completion. It will also contain a “schedule of condition” which describes the condition of the property prior to work commencing to make sure there is no damage.

Party Wall Awards can be fairly complex documents, and sometimes the surveyor’s award is not what you were hoping for. There’s only a very short time to challenge an award you don’t agree with so you must be ready to lodge an appeal within just a few days. 

As party wall specialists, we understand the specific technical requirements for appeals. See how our leading property litigation lawyers can help by giving us a call today. 

Contact our Party Wall Dispute Lawyers Today

For a free initial conversation call 020 7485 8811

Email us Send us an email and we’ll get back to you






    • I received a call from Shilpa Mathuradas a couple of hours after filling the enquiry form for a callback. She actively listened to my party wall concerns responding with gentle professionalism, answering my concerns, letting me know what is and is not possible and when best to bring in a solicitor. All this within 10 minutes. Excellent.

      Trustpilot review

    Why work with Osbornes Law?

    Shilpa Mathuradas, head of property litigation at Osbornes, leads a team of specialist party wall dispute solicitors. The team will act for you from the early planning stages all the way to a court hearing if you need to appeal a party wall award or apply for an injunction. We have a reputation for standing firm to protect your interests and specialise in giving practical, jargon-free advice.

    Property News & InsightsVIEW ALL

    1. 28.2.2024

      The Consumer Credit Act 1974 to the rescue?

      Our clients issued a claim against their former accountant, friend and trusted confidante. The clients ran a restaurant from a...

      Read more
    2. 23.1.2024

      The Leasehold and Freehold Reform Bill and Service...

      The Leasehold and Freehold Reform Bill was introduced to Parliament on 27 November 2023 with the aim of delivering on the government’...

      Read more
    3. 23.1.2024

      Know your Rights (of Way)

      If you have a question or concern over a right of way on your property, it is important to seek...

      Read more
    4. 23.1.2024

      Party Wall Etc Act 1996 v Common Law

      The case of Power & Kyson & Shah [2023] EWICA Civ 239 brought in question the interrelationship between common law and the...

      Read more
    5. 27.10.2023

      The Building Safety Act 2022

      This much awaited Act was introduced into Parliament on 5th May 2021 as a consequence of the Hackitt Report on Building...

      Read more
    6. service charges
      22.8.2023

      “Reasonableness” of Service Charges

      It is well known that the relevant costs that a landlord incurs in the provision of services, repairs improvements, maintenance...

      Read more
    7. Japanese Knotweed
      5.2.2023

      Japanese Knotweed: Knot in my backyard again!

      Many will have read the recent case in which a furniture designer pursued his seller successfully after he moved into...

      Read more
    8. london property
      9.6.2022

      TOLATA Claims

      What are trusts of land? Property ownership is not always a straightforward legal issue, particularly where the parties are cohabitees...

      Read more
    9. right to light
      8.6.2022

      Right to Light Explained

      Right to Light Law in the UK Property owners have a legal right to light as set out in the...

      Read more
    10. flats in a london street
      8.6.2022

      Landlords and the Dangers of Rent-to-Rent

      Rent-to-Rent refers to the practice of landlords letting a whole property to a tenant (usually a limited company), which is...

      Read more
    11. Green ecological house in empty field
      9.11.2021

      Can I still claim adverse possession?

      The principle of “adverse possession” commonly known as “squatters rights” is a principle which allows a person who does not...

      Read more
    12. party wall disputes
      5.10.2021

      Buying a property where a Party Wall Award...

      Buying a house with a party wall agreement Buying a property can already be a stressful process but finding out...

      Read more
    13. people talking
      26.6.2021

      The Risks Of Buying Properties Off Plan!

      The Daily Mail reported that 300 families a week have to move into shoddy newly built homes. Not all will have...

      Read more
    14. Carole Patterson
      7.5.2021

      Costly clauses missed by lawyers in leasehold contracts

      A mum has been left facing a bill of millions of pounds a year for the ground rent of her...

      Read more
    15. plot of land
      8.5.2020

      Easements – Five Questions Answered

      What is an easement? An easement is a right benefitting a piece of land (known as the dominant land) that...

      Read more
    16. 6.2.2020

      ‘Glass in Hand’ Lecture – Should we be nervous...

      Hampstead residents will be able to find out about their legal rights when trees damage or overhang their property, next...

      Read more
    17. 11.10.2019

      Government eviction reforms “risk increasing delays”

      Government plans to end so-called ‘no fault’ evictions – and at the same time expand what amounts to a good reason...

      Read more
    18. 13.8.2019

      Osbornes win 5 day trial in property dispute at...

      In 1985 clients of Osbornes, Mr and Mrs Ali-Khan, purchased a house. For various reasons they were not able to obtain...

      Read more
    19. 13.8.2019

      Canary Wharf v EMA

      EMA Decision: Brexit Does Not Frustrate Commercial Property Lease The largely anticipated decision in the case of Canary Wharf v...

      Read more
    20. 13.8.2019

      Rogue landlord ordered to pay tenant over £20,000 in...

      A team of our housing solicitors were successful in a longstanding claim against a rogue landlord concerning a conduct of...

      Read more
    21. 13.8.2019

      Squatting-will the new law provide homeowners with increased...

      On Saturday 1 September 2012 a new law came into force which makes squatting in a residential building an offence punishable by...

      Read more
    22. 12.8.2019

      Basement developments- How to fight back

      Basement developments are growing ever more popular, particularly in wealthy London boroughs, leaving homeowners fearful that neighbours’ excavation projects will...

      Read more
    23. 18.7.2019

      New Builds, Poor Standards!

      This week’s Dispatches programme examined allegations of shoddy standards, poor customer care and excessive profits from one of Britain’...

      Read more
    24. 10.4.2019

      Tenant Fees Act 2019 – Landlords & Letting Agents be Warned

      On 12 February 2019, the Tenant Fees Bill received Royal Assent and comes into effect on the 1 June 2019 The Act prevents landlord...

      Read more

    VIEW ALL

    For Property Dispute Advice Contact Us

    For a free initial conversation call 020 7485 8811

    Email us Send us an email and we’ll get back to you