Party Wall etc. Act 1996 Services

As an owner-occupier of a broad and varied estate of utilities sites, extending across the country, client readily receives notices from Building Owners as applicable under the Party Wall etc. Act 1996. In order to protect their interests as Adjoining Owners client requires representation, ensuring no loss nor service interruption is suffered owing to those works by others.

Balancing Enabling Action with Protection

Whilst the Party Wall etc. Act 1996 is a statutory instrument in the form on an enabling Act, the provision of the same can afford others benefits to the detriment of an Adjoining Owner such as National Grid, should the parties issuing notices not be familiar with the provisions of the Act, closer construction works considerations or the operating specifics of sites such as operation electricity sub stations.

Collaboration and Education

The Party Wall etc. Act 1996 'triggers' readily giving rise to the service of notices by Building Owners on this client are primarily Line of Juncture and Adjacent Excavation matters. Whilst other sections of the Act also give rise to notice service from time to time, both of these 'triggers' represent an opportunity for less to be suffered in consequence of a Building Owner's actions. The potential for damage caused by close proximity excavations is significant, with a further risk of underground services contact or damage, as could yield catastrophic consequences for life, property and service continuity.

Through a process of engagement with the Building Owners and close consideration of the proposal concerned our appointment on behalf of National Grid is made with a view to ensuring any scheme and approach to the procurement of it is appropriate for the locality, closer site particulars and delivered in the interests of both safety and appointing owner asset protection.

Following receipt of notices under the Party Wall etc. Act 1996 and confirmation of our appointment, timely action is taken to engage with the Building Owner and their representatives to determine the proposal specifics and wider considerations for the Adjoining Owner. Through timely engagement stakeholder confidence can be gained and a collaborative approach established.

To Serve and Protect

Following appointment and notice proposal review a site meeting is arranged, site inspected and existing condition of the client Adjoining Owner's building benchmarked through documentation of a schedule of condition. Subject to the particulars of any component of the Building Owner's proposals, alternative methods of working may be discussed and agreed in order to ensure safety and reduce the likelihood for damage and loss in consequence.

The contents of an initial draft Party Wall etc. Act 1996 aware is reviewed and negotiated through to conclusion and execution by the parties to it. Through this process the parameters of the Building Owner's actions are documented, inclusive of scope and method. Further positive obligations are typically input to protect our appointing owner's interests where necessary, such as the need for a particular approach to excavation and foundation construction or the specific avoidance of excavations in close proximity to live electricity cables. 

The finalisation of the final Party Wall etc. Act 1996 award documentation acts to protect the appointing owner client's interests as Adjoining Owner at law, affording confidence and a means of recourse should the Building Owner fail to adhere to the provision of the award.

Process and Action

Through the strict adherence to the provisions of the Party Wall etc. Act 1996, together with the employment of active engagement through communication, Node Building Consultancy have acted and continued to act to protect and serve the interests of both National Grid and the Building Owners attending works.

In all instances to date the parties to any given instance of notice service and award have been able to work together to realise the benefits of such a collaborative approach. Relations with neighbours have been maintained and Building Owner deviation from those works detailed in the agreed awards is highly infrequent. In a number of instances, Node Building Consultancy has successfully acted to ensure parties seeking to circumnavigate the Party Wall etc. Act 1996 have come to understand the benefit of the Act and have, consequently, taken an aligned approach.