Building Owner

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See below for more information about the Party Wall Act for Building Owners

Building Owners - Rights to Execute Works, Protect yourself from False claims & Comply with Party Wall Law

The 'Building Owner' is the Owner proposing to carry out works that are covered by the Act .

As a Building Owner it's very important you understand your rights and duties.

Building Owners should note that the primary purpose of the Act is to facilitate development.

In return for rights to carry out certain works, the Building Owner (the person having the work done) must notify the adjoining owner in advance. They are made legally responsible for putting right any damage caused by carrying out the works, even if the damage is caused by their contractor.

If you intend to carry out any of the works mentioned in section 2 of the Act, you must inform all Adjoining Owners. You must not even cut into your own side of the wall without telling the Adjoining Owners of your intentions.

If you start work without having first given notice in the proper way, the Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress.

An Adjoining Owner cannot stop someone from exercising the rights given to them by the Act, but may be able to influence how and at what times the work is done .

The Act also says that a Building Owner must not cause unnecessary inconvenience. This is taken to mean inconvenience over and above that which will inevitably occur when such works are properly undertaken.

The Building Owner must provide temporary protection for adjacent buildings and property where necessary. The Building Owner is responsible for making good any damage caused by the works or must make payment in lieu of making good if the Adjoining Owner requests it.

Where party walls and structures are modified, repaired, or demolished and rebuilt section 2(2)(a) and (b) of the Act, section 11(4) and (5) provides that the cost of the work shall be shared where the work is necessary on account of defect or want of repair, in proportion to the use each party makes of the structure or wall and the responsibility of each for the defect or want of repair concerned.

Where use is made of party walls previously built at the cost of the Adjoining Owner, the Act makes provision for a fair payment to be made to the Adjoining Owner.