PARTY WALL ACT 1996 APPLIES TO WORK DONE ON OWN LAND

In Kaye v Lawrence [2010] EWHC 2678 (TCC), [2011] BLR 77 Mr Justice Ramsay held that s12(1) of the Party Wall etc Act 1996 applies to all cases where the building owner is exercising rights under the Act and that it does not apply only to work that is being done on the adjoining owner’s land. Consequently, a building owner who carried out work on his own land within three or six metres of the boundary was caught by the Act and could be required to give security. This conclusion, which may come as a surprise to some, will significantly increase the sphere of application of the Act.

The facts

Mr Kaye lived at 126 Panorama Road in Poole and Mr Lawrence lived next door at number 124. On 29 June 2009 Mr Lawrence gave Mr Kaye notice under the Party Wall etc Act 1996 that ‘it is intended to build within 3 and 6 metres of your building and to a depth as defined in the Act, by carrying out the works as detailed below.’ It continued by stating in capital letters: ‘IT IS NOT PROPOSED TO UNDERPIN OR OTHERWISE STRENGTHEN THE FOUNDATIONS OF YOUR BUILDING.’