Jurisdiction(s):
United Kingdom

Party Wall etc. Act 1996: No Building Owner notice, no award—Adjoining Owners cannot unilaterally invoke s10 (Power v Shah, CA, England and Wales)

Published on: 13 March 2023

Published by a LexisNexis Property Disputes expert

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Article summary

Power and another v Shah [2023] EWCA Civ 239 What are the practical implications of this case?

PWA 1996 sets out a statutory framework permitting activity in the vicinity of, or upon, boundary lines. Through its protections, a Building Owner may carry out operations that would, but for the Act, amount to trespass or a private nuisance. An Adjoining Owner is entitled to compensation for any works duly authorised. What works are permitted, and the level of compensation due, are determined by surveyors and recorded in an Award. To rely on PWA 1996, the Building Owner must serve notice. If written agreement to the proposals is not provided, a dispute is treated as having arisen. That dispute then engages the Award process. The scope of PWA 1996 is confined. An Adjoining Owner has no power to set the mechanism in motion alone. However attractive it may seem to ask surveyors to...

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