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Power & Kyson v Shah 2023 provides a definitive position on when the Party Wall etc Act 1996 applies.
To provide background on this case, the building owner failed to serve a Party Wall Notice upon the adjoining owner prior.
Their works then caused damage to the adjoining owner’s property.
In response to this, the adjoining owner appointed a Party Wall surveyor, with that surveyor then appointing a further surveyor on behalf of the building owner under Section 10(4) of the Act.
The surveyors agreed a Party wall Award setting out costs that the building owner had to pay the adjoining owner. These included both damage costs and also their fees.
The building owner didn’t pay these costs and in response to this, the Party Wall surveyors then attempted to enforce their Award.
This was challenged by the building owner, who claimed that no notice meant that the Party Wall etc Act 1996 could not apply, therefore the Award was invalid.
The Court of Appeal agreed with the building owner’s position, cementing the requirement for a Party Wall Notice to be served for the Party Wall etc Act 1996 to apply.
This determines the longstanding debate amongst Party Wall surveyors, meaning that if a Party Wall Notice is not served, the adjoining owner must pursue the building owner via common law for any subsequent damage the works cause to their property.
