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Who is responsible for removing services that obstruct my works under the Party Wall etc. Act 1996?
Wednesday 12th February 2025
Carl O'Boyle BSc MRICS FCIOB MFPWS
Under the Party Wall etc. Act 1996, when a Building Owner plans to construct a wall along the boundary line (known as the “line of junction”) and encounters existing services (such as pipes, cables, or other utilities) installed by the Adjoining Owner, the responsibility for altering or relocating these services typically falls to the Building Owner.
Key Points:
Building Owner’s Obligations:
The Building Owner must serve a Line of Junction Notice to the Adjoining Owner at least one month before commencing construction of the new wall. This notice informs the Adjoining Owner of the intended works and any potential impact on existing services.
Addressing Existing Services:
If the proposed construction interferes with existing services on the boundary, the Building Owner is responsible for ensuring these services are appropriately altered or relocated to facilitate the new construction.
Cost Responsibility:
The Building Owner bears the cost of altering or relocating the Adjoining Owner’s services affected by the new construction.
Minimising Inconvenience:
The Act mandates that the Building Owner must not cause unnecessary inconvenience to the Adjoining Owner. This includes taking reasonable steps to minimise disruption during the relocation of services.
Dispute Resolution:
If disagreements arise regarding the relocation of services, both parties can appoint a Party Wall Surveyor to resolve the dispute and formalise the terms in a Party Wall Award.
Conclusion:
In summary, when a Building Owner’s construction plans necessitate the alteration or relocation of existing services on the boundary line, it is their responsibility to manage and fund these changes, ensuring minimal inconvenience to the Adjoining Owner.
