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Practice paper

Payments under Section 11(11) of the Party Wall etc. Act 1996

Mikael Rust
Journal of Building Survey, Appraisal & Valuation, 4 (3), 170-176 (2016)
https://doi.org/10.69554/NWTM4002

Abstract

It is generally known and accepted that under the Party Wall etc. Act 1996 when ‘building owners’ make use of building works carried out previously by their neighbours, the ‘adjoining owners’, they will have to pay a ‘due proportion of the expenses incurred by (the neighbour) in carrying out that work’. This seems to be perfectly reasonable but complications can arise when there has been a change in ownership and where there is more than one owner under the Act of the property in respect of which the work was carried out. Some surveyors apply the principle that unless the current adjoining owner actually incurred expenses in carrying out that work no payment is due under 11(11). Others believe that if building owners wish to enclose on a party wall built as part of the original building they must pay the due proportion under 11(11). A typical example is when a building owner wishes to extend into the space beside the ‘back addition’ and make use of the type ‘a’ party wall that is the external wall of the neighbour's ‘back addition’. Neither of the established references on the workings of the Act have much to say on the matter, which may suggest that any complications are more to do with surveyors than the law itself.1 The position turns out to be relatively straightforward and is summarised in the comment on the sub-section in both editions of The Pyramus & This be Club's ‘The Green Book’.2

Keywords: party walls; section 11(11); due proportion; enclosure costs; Stone and Hastie; Mason v Fulham Corporation; Party Wall etc Act

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Author's Biography

Mikael Rust has been dealing with party wall matters under the 1939 provisions and the Party Wall etc Act 1996 since graduating with commendation from Leicester Polytechnic in 1977. A proud member of The Pyramus & Thisbe Club since 1978 he has also served on the Building Surveyors Divisional Council and various subcommittees at RICS before resigning in 2011. A consultant with Botley Byrne Chartered Surveyors in Hanover Square, he now lives in Sweden but travels frequently to London where he is still an active ‘party wall surveyor’ and has been known to give the occasional talk on the subject.

Citation

Rust, Mikael (2016, February 1). Payments under Section 11(11) of the Party Wall etc. Act 1996. In the Journal of Building Survey, Appraisal & Valuation, Volume 4, Issue 3. https://doi.org/10.69554/NWTM4002.

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cover image, Journal of Building Survey, Appraisal & Valuation
Journal of Building Survey, Appraisal & Valuation
Volume 4 / Issue 3
© Henry Stewart
Publications LLP

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