Court of appeal authority determining “no notice no Act”, i.e. that the Act will not apply in the absence of a party wall notice served by the building owner.
This appeal raises a novel but important issue in connection with the Party Wall etc. Act 1996 (“the Act”).
Can an adjoining owner seek to rely on the dispute resolution procedure provided by s.10 of the Act, in circumstances where the building owner, who intends to carry out or who has carried out building works, has served no notice under the Act in respect of the works, and maintains that the Act does not apply? Counsel are agreed that there are no authorities directly on point.
