So by now you’ve probably heard of the Party Wall Act 1996. It’s a legal act which governs the allowances made by both parties with regards to a wall which is occupied by one or more parties.
However, what happens when you want to make modifications to the party wall and your neighbour refuses access? Whether you’re the one being denied entrance to the property, or the one denying, here’s a quick look at what you need to know.
Can I Refuse Party Wall Access?
Well, you are probably wondering whether or not you can refuse party wall access to your property. The answer is no. You cannot, under any circumstances, refuse party access when it comes to a wall which is shared by more than one group or person.
The thing about a typical party wall is that under the party wall act of 1996, the other members of the wall have rights to access it for the sake of modifying or making changes so long as they follow all of the rules which are put into place for it.
The Repercussions of Refusal
It is important to know that there are repercussions to not allowing access to a party wall. Ultimately, you are breaking the law if you do not permit the builders and workers hired by the other side onto your property once legal permission has been obtained.
In accordance with the Party Wall Act 1996, you will be found in contempt of the law, and are going to be subject to a fine. It is also the case that if the opposing parties seek the assistance of a police officer, they are within their right to break down any barriers you have put up which prevent access to the wall.
Ultimately, it is not recommended that you refuse access on any grounds at all, as all this will do is result in legal troubles. It is simply not the case that you can refuse the party wall access. Ultimately, it is heavily recommended that you simply allow access where necessary, as this will help to prevent a broad selection of problems that may occur as a result of denying access. Coming into conflict with the law or receiving a financial penalty are not desirable outcomes.
Corporation is the fastest way to ensure that whatever work is being done is done quickly. This will help you to prevent any further issues, like for example unnecessary time spent modifying the party wall.
In conclusion, you cannot refuse access to a party wall legally. You can obviously contest the planned modifications, and there is a process to do this, but if permission is given, then you have no choice but to cooperate with the other parties. Ultimately, it is sensible to cooperate fully, as this will make the process a lot easier. It’s up to you to divine exactly how you intend to coordinate your party wall with your neighbour, but it is important to realise that you cannot break the law.
If you think you might find yourself in this type of situation, don’t panic! Give us a call today and we will be more than happy to advise.
