The Party Wall Act 1996 has just been given an airing. A clumsy piece of legislation; too complicated – it’s high time that parliament took it apart. Just look at what happened in this tiddler of a case between neighbours. The idea of the legislation is not really to drag the ins and outs of bashing seven bells out of a chimney breast in front of three courts and five judges. But that’s what happened in this dispute between two neighbouring households in Dagenham: Power & Kyson vs Shah [2023] EWCA Civ 239.

What is meant to happen instead is that the disputing parties bring in a building surveyor. It’s much cheaper, too. A surveyor’s award decides what’s to be done and when and what safeguards are deployed. It’s called a party wall award.

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