The Adjoining Occupier The Party Wall etc Act
Section 20
Adjoining owner and adjoining occupier
respectively mean any owner and any occupier of land buildings storeys or
rooms adjoining those of the building owner and for the purposes only of
section 6 within the distances specified in that section.
The term occupier is not defined in the Act but will include anyone
living or working on the property, whether for a few weeks or longer. They
could be a shorthold tenant, licensee or even a trespasser. An adjoining
occupier has no estate in law.
Section 7(2)
The building owner shall compensate any adjoining owner and any
adjoining occupier for any loss or damage which may result to any of
them by reason of any work executed in pursuance of this Act.
For work to be executed in pursuance of the Act notice must be
served.
An adjoining occupier does not have recourse to the dispute resolution
process in section 10 to enforce compensation under section 7(2). Any claim
would be for breach of statutory duty.
The scope of section 7(2) is very wide including claims for:-
Alternative accommodation
Storage/removal costs
Loss of earnings
Loss of amenity
An adjoining owner must take steps to mitigate their loss
Section 1(7)
Where the building owner builds a wall wholly on his own land in accordance
with subsection (4) or (5) he shall do so at his own expense and shall
compensate any adjoining owner and any adjoining occupier for any
damage to his property occasioned by-
(a) the building of the wall;
(b) the placing of any footings or foundations placed in accordance with
subsection (6)
Section 11(6)
Where the adjoining premises are laid open in exercise of the right
mentioned in section 2(2)e a fair allowance in respect of disturbance and
inconvenience shall be paid by the building owner to the adjoining owner or
occupier.
Section 16(1)
If –
(a) an occupier of land or premises refuses to permit a person to do
anything which he is entitled to do with regard to the land or premises
under Section 8(1) or (5); and
(b) the occupier knows or has reasonable cause to believe that the person
is so entitled,the occupier is guilty of an offence.An adjoining owner may
not frustrate a statutory right of access.
Generally
An adjoining occupier has right to compensation and notice of entry
An adjoining occupier has no right to be heard in the preparation of an
award.
An adjoining occupier refuses access they are guilty of a criminal offence
under subsection (1) and (2) are liable on summary conviction to a fine of
an amount not exceeding level 3 on the standard scale.