To ask the Secretary of State for Levelling Up, Housing and Communities, what assessment he has made of the (a) fairness and (b) ease of access to legal advice for homeowners in Party Wall disputes.
28 February 2022
The Act provides a framework for preventing or resolving disputes in relation to party walls, party structures, boundary walls and excavations near neighbouring buildings. Any surveyor appointed under section 10 of the Act is undertaking a statutory role. In all cases, surveyors appointed or selected under the dispute resolution procedure of the Act must consider the interests and rights of both owners and draw up an award impartially.
If the requirements of the Act are not followed, as with most property law matters (e.g. boundary disputes) it is a civil matter for the parties involved to resolve. Anyone considering taking legal action is strongly advised to seek their own legal advice before taking any action.