Overview
Vulnerability requires care, patience and practical flexibility. It does not, however, suspend the Party Wall etc. Act 1996.
Where an adjoining owner is elderly, unwell, disabled or otherwise vulnerable, the process should be handled sensitively. That does not mean the building owner must wait indefinitely or abandon lawful works.
The statutory process still applies
The ordinary party wall procedure remains in place:
- notices must be served where the Act applies;
- the adjoining owner may consent or dissent;
- surveyors may be appointed if there is a dispute;
- an award may be made where required.
There is no separate exemption simply because an adjoining owner is vulnerable.
Schedule of condition difficulties
A common practical problem is access. A vulnerable owner may be unwilling or unable to allow internal access for a schedule of condition.
An internal schedule is often good practice, but it is not always possible and it is not a legal requirement in every case. Surveyors should not allow the absence of internal access to paralyse the process.
Practical alternatives
Where internal access is refused or unsuitable, proportionate alternatives include:
- an external condition record;
- photographs of elevations, gardens, boundary walls and visible defects;
- time-stamped photographs supplied by the adjoining owner or their family;
- video calls where appropriate;
- a final inspection based on available evidence and professional judgement.
These alternatives are not always as good as an internal inspection, but they are often sufficient to manage the real risk.
Balancing both owners' interests
Surveyors must consider:
- the adjoining owner's health, safety and comfort;
- the building owner's right to proceed lawfully;
- the need to avoid unnecessary inconvenience;
- the importance of keeping costs and delay proportionate.
Planning permission, contractor availability, finance and programme deadlines may all be affected by unnecessary delay.
Tone matters
Communication should be calm and respectful. Letters should be clear, non-threatening and easy to understand. It may also be sensible to involve a family member or representative if the adjoining owner wants that support.