24 WHAT HAPPENS IF THERE IS A DISAGREEMENT WITH MY NEIGHBOUR?
If there is a disagreement about any work of the kinds covered in the Act, including compensation, the dispute can be settled under the procedures of section 10.
25 WHAT ABOUT ACCESS TO NEIGHBOURING PROPERTY?
Under some sections of the Act there are rights of entry for at least some of the works. This aspect of the legislation is interpreted differently by surveyors and case law is developing that will hopefully give clear guidance in the future.
26 WHAT DOES THE ACT SAY IF I WANT TO EXCAVATE NEAR NEIGHBOURING BUILDINGS?
If you plan to:
- excavate, or construct foundations for a new building or structure, within 3 metres of a neighbouring owner's building or structure where that excavation will go deeper than the bottom of the neighbour's foundations; or
- excavate, or construct foundations for a new building or structure, within 6 metres of a neighbouring owner's building or structure where that work will cut a line drawn down wards at 45° from the bottom of the neighbour's foundations;
you must inform the adjoining owner by serving a notice. The notice must also state whether you propose to strengthen or safeguard the foundations of the building or structure belonging to the adjoining owner. The notice must be accompanied by plans and sections and show the proposed depth of excavation etc.
As previously mentioned although the Act contains no enforcement procedures for failure to serve a notice the courts will always take a dim view of such action and adjoining owners may seek to stop your work through a court injunction.
There would also be little defence if the works caused damage.
27 HOW LONG IN ADVANCE DO I HAVE TO SERVE THE NOTICE?
The notice is only valid for a year, so do not serve it too long before you wish to start.
28 WHAT HAPPENS AFTER I SERVE NOTICE?
If the adjoining owner gives an acknowledgement notice within 14 days agreeing to the excavations, the work (as agreed) may go ahead. If the adjoining owner does not respond, or objects to the proposed work, a dispute is regarded as having arisen and section 10 procedures should be followed.
After the work has been completed, the adjoining owner may request particulars of the work, including plans and sections i.e. as built drawings.
29 WHAT ABOUT ACCESS T0 NEIGHBOURING PROPERTY?
This potential contentious area has been commented upon earlier, although access to facilitate the introduction of notifiable foundations is seen as an Act granted right.
30 DOES THE ACT CHANGE WHO OWNS THE PARTY WALL?
No. The Act does not change the ownership of any wall, nor does it change the position of a boundary. Boundaries can still run through the centre of a wall and each owner may technically own half of a wall.
What the Act does do is set out clearly what rights an owner has in relation to works to a party wall and what he is obliged to do before he can exercise those rights.
31 CAN THE ACT BE USED TO RESOLVE A BOUNDARY DISPUTE?
No. The Act does not contain any provision that could be used to settle a boundary line dispute.
Such disputes can be resolved through the courts or through alternative dispute resolution procedures which may be simpler, quicker and cheaper, for example a mediation decision by an independent expert or through arbitration.
32 DOES THE ACT SUPERSEDE COMMON LAW RIGHTS?
Yes in some areas, but only in relation to works covered by the Act, and carried out in pursuance of an Act granted right.
33 DOES THE BUILDING OWNER HAVE TO WAIT F0R THE FULL ONE OR TWO MONTHS AFTER SERVING A NOTICE BEFORE STARTING WORK?
No, so long as the adjoining owner agrees, in writing, to the work starting earlier than as stated in the notice and the Act.
34 WHAT HAPPENS IF AN OWNER WANTS TO BUILD UP TO AN EXISTING BOUNDARY WALL WHICH DOES NOT CURRENTLY FORM PART OF A BUILDING AND WHICH IS WHOLLY ON THEIR OWN LAND?
Under the Act such an existing wall is not a party fence wall because it does not stand astride the boundary line between different properties. Nor is it a party wall because it does not separate buildings of different owners. If a building owner wants to build a new wall to replace the existing one on new deeper foundations, this work may be covered by the Act; and he would have to serve a notice. If a building owner wants to extend a building up to the existing wall, then this will not come under the Act (unless any proposed excavations will go deeper than neighbouring foundations). In either event, the building owner will not have created a new party wall.
This potential contentious area has been commented upon earlier, although access to facilitate the introduction of notifiable foundations is seen as an Act granted right.At least one month before the planned starting date for notifiable excavations. | 
