Party Wall Act Update: Counter-Notices And Statutory Duties

The Technology & Construction Court (in the County Court sitting in Birmingham) has clarified the purpose of a counter-notice issued under section 4 of the Party Wall etc. Act 1996 ("the Act"), and considered the scope of the statutory duty imposed by the Act.

Background

In Bridgland –v- Earlsmead Estates Limited [2015] EWHC B8 (TCC), a dispute arose between the two owners of adjoining commercial units in Stoke-on-Trent. Between 2007 and 2009, Earlsmead had demolished its own unit, leaving Bridgland's previously enclosed flank wall partially exposed and susceptible to damp from the famous wet and windy conditions of Staffordshire. Earlsmead failed to serve any notice under section 3 of the Act (which requires a building owner to serve a "party structure notice" on an adjoining owner in order to propose certain works affecting a party structure).