A systematic approach for evaluating the requirement for service of party structure notices

The Party Wall etc. Act 1996 makes provision for the service of party structure notices on adjoining property owners where certain types of work are undertaken to party walls and other structures between neighbouring properties. The paper emphasises the difficulty of determining whether a notice should be served in a particular situation and the importance for property managers of making a correct decision. A systematic approach is proposed whereby each of the component parts of the task is addressed separately before a final decision is made. The paper examines these component parts and applies the relevant legal rules to each in the context of circumstances frequently encountered in practice.