Addendum Party Wall Award

On appeal from the Central London County Court, Akenhead J in the Technology and Construction Court (TCC) has held that, on the facts, a deed entered into by the parties to address issues arising from the building owner’s development governed the parties’ dispute, not the dispute resolution provisions in section 10 of the Party Wall etc. Act 1996 (PWA 1996).

This meant the addendum party wall award dealing with compensation was set aside and the deed’s dispute resolution clause (including expert determination) prevailed.

The judgment demonstrates that while parties may agree to deal with certain issues outside the parameters of the PWA 1996, they still need to comply with its provisions insofar as they are relevant to the planned works. Here the court acknowledged that the development’s scope was far greater than could be provided for in a party wall award under section 10. It was right that the adjoining owner was protected to the extent that those works may cause damage to its property.

Written by James Naylor

Partner, CG Naylor LLP.