Overview
Material shortages can affect construction programmes, but they do not remove the building owner's duties under the Party Wall etc. Act 1996. If delay or poor planning causes unnecessary inconvenience to an adjoining owner or occupier, the party wall process may become more difficult and more expensive.
The key principle
Section 7(1) of the Act says that a building owner must not exercise rights under the Act in a way, or at a time, that causes unnecessary inconvenience to an adjoining owner or adjoining occupier.
That principle matters when materials are delayed, scaffolding is left in place, access is blocked or works are opened up and then left unfinished.
Plan materials early
Building owners should order key materials in good time. This is particularly important where the works involve:
- temporary exposure of a party wall;
- weathering details;
- scaffolding over neighbouring land;
- matching brickwork or specialist materials;
- structural steelwork or temporary works.
If delays become unavoidable, the building owner should take practical steps to reduce the effect on the neighbour.
Access and use of adjoining land
Where access over the adjoining owner's land is needed, it should be kept to the minimum reasonably required. If work is delayed, the building owner should consider whether scaffolding, hoarding or protection can be removed or reduced until work can continue.
Access should not be treated as a storage right. If the adjoining owner's land is being used, the use must remain necessary and proportionate.
Matching materials
Where notifiable work affects an existing structure, matching materials may be important. For example, older properties may need reclaimed or matching bricks to avoid an obvious and poor-quality repair.
If appropriate materials cannot be obtained immediately, it may be better to wait rather than carry out a rushed or unsuitable repair that creates a new dispute.
Commencement dates in awards
Some party wall awards include a commencement or expiry provision. In most cases, a 12-month period is sensible, but surveyors may allow longer where the project genuinely requires it.
The key is not the precise period. The key is that the award should reflect a realistic programme and should not leave the adjoining owner exposed to open-ended uncertainty.
Conclusion
Material shortages do not excuse poor planning. Building owners should plan ahead, communicate clearly and minimise the impact on adjoining owners. That approach is consistent with section 7(1) and is usually cheaper than dealing with complaints after the event.