Security for adjoining owners under s.12(1) of the Party Wall etc Act: What is it really all about?

Abstract

It is becoming increasingly more common for adjoining owners to require security in accordance with section 12(1) of the Party Wall etc. Act 1996, yet its application is often misunderstood. What should be a relatively straightforward process is frequently misused by owners and surveyors. This paper is intended to guide surveyors through the entire process, identifying what security is, when it should be required, how it should be administered, what it can include, the form it can take, how it should be released and illustrating the complexities often encountered.