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Practice paper

How case law has changed the way we administer the Party Wall etc. Act 1996

Michael Cooper
Journal of Building Survey, Appraisal & Valuation, 11 (4), 333-345 (2023)
https://doi.org/10.69554/HMHD9497

Abstract

If the Party Wall Act has not been amended significantly since 1996, what has changed? This paper helps to explore some of those changes, what is making the changes and why surveyors are perplexed by the wording of the Act. It examines new construction techniques that do not fit clearly with our understanding of the legislation and points to where to find some guidance. There are plenty of recent cases referenced and the author’s view of what can be drawn from case law to help our understanding of the Act is expressed in terms of how matters should be handled by surveyors.

Keywords: Party Wall etc. Act 1996; party walls; neighbours; neighbourly disputes

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Author's Biography

Michael Cooper is a fellow of the RICS and head of Building Surveying and Neighbourly Matters at Cooper’s Building Surveyors Ltd. Michael specialises in party wall legislation and neighbourly dispute resolution. He is a panel member of the Boundaries and Party Walls working group of the RICS, which he also chairs, and wrote the RICS Surveyors and Public-Facing Party Wall guidance notes. He also writes on ISURV, for which he contributes updates on the Access to Neighbouring Land Act 1992. He is the chair of the London Pyramus and Thisbe Society, a learned society dedicated to improving the administration of the Party Wall etc. Act 1996 through education and discussion. Michael has advised building/developing owners and adjacent owners on a wide variety of developments, residential and commercial, and has advised on some of the most high-profile London construction projects, such as the Shard and Walkie Talkie towers. His clients range from the largest developers, charities, funds, institutions and authorities to commercial tenants and residential owners and tenants. Most of Michael’s work is in residential and commercial new build, extension and alterations where he offers a helpline with guidance on the Act. More recently he has offered his services as a third surveyor.

Citation

Cooper, Michael (2023, March 1). How case law has changed the way we administer the Party Wall etc. Act 1996. In the Journal of Building Survey, Appraisal & Valuation, Volume 11, Issue 4. https://doi.org/10.69554/HMHD9497.

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cover image, Journal of Building Survey, Appraisal & Valuation
Journal of Building Survey, Appraisal & Valuation
Volume 11 / Issue 4
© Henry Stewart
Publications LLP

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