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What the Act does not do

Understanding the limits of the Act is just as important as understanding the rights it gives you.
Clear, practical guidanceThis article is written for adjoining owners. For advice about your own notice, award or neighbour’s works, speak to Coburns Party Wall.
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It is not planning permission

The Party Wall process does not grant or replace planning permission and is not the route for objecting to the general size, appearance or use of a development.

It is not design control

Surveyors can consider the design insofar as necessary to understand and regulate notifiable work, but they are not there to redesign the building owner’s project.

It is not a boundary dispute mechanism

Questions about where the legal boundary lies usually need to be dealt with separately.

It is not a veto

An adjoining owner cannot normally use the Act simply to stop work they dislike. However, a new wall astride the boundary under section 1 requires consent, and special foundations on adjoining land require written consent under section 7(4). These are specific consent requirements, rather than a general veto over development.

Key takeaway

Knowing what the Act cannot do helps you direct concerns into the right process.

This page provides general information about the Party Wall etc. Act 1996 and common practice. It is not legal advice and does not replace advice on the facts of a particular matter.