In the County Court at Crewe

Claim No. 350MC024

Parties: Kenneth B. Harrison (Claimant) v Jonathan & Lucy Thomson (Defendant).
Further particulars of claim, as directed by the Order of the Court dated ……..
1. The arguments relied upon that the building works in question were such as to qualify
under the Party Walls etc. Act 1996:
A. The building works undertaken to convert the defendant’s former loft into living
space, with the addition of a dormer extension on the rear roof and at least one new
room inside their property, and a second project to build an extension, constructed
with bricks and a solid roof canopy, at the rear of their property resulted in the
construction of two new permanent structures that were, in the first instance, within
two metres distance of the party wall that straddles the boundary between the two
properties and, in the second instance, within three metres of the party wall that is on
the boundary between the defendant’s property and that of the claimant. As the latter
of these building constructions required the excavation and building of new
foundations within three metres distance, measured in a horizontal line, of the party
walls of both adjoining properties, then the provisions of Section 6, sub-paragraphs 1
and 2 of the Act apply to this second construction.
B. In the first instance cited, the new structure was built alongside and in contact with
the party wall dividing the defendant’s property from the adjoining property and the
side wall of the dormer extension is built in line with the party wall separating the
defendant’s and the claimant’s properties. The additional weight of this dormer
extension was thereby supported by the party wall, a development that places
additional weight and stress on the party wall and its foundations. The creation of a
new floor adjacent to the party wall, horizontally in line with the ceilings of the
adjoining property, necessarily involved the installation of new joists, the support for
which would require excavation into the party wall or the drilling into and attachment
of new metal fixings on the party wall.

2. The specific paragraphs or terms of the Act that have been breached:
Section 1 - New building on line of junction.
This section shall have effect where lands of different owners adjoin and —
1 (b) are built on at the line of junction only to the extent of a boundary wall (not being
a party fence wall or the external wall of a building), and either owner is about to build
on any part of the line of junction.

If a building owner desires to build a party wall or party fence wall on the line of
junction he shall, at least one month before he intends the building work to start, serve
on any adjoining owner a notice which indicates his desire to build and describes the
intended wall.

Section 3 - Party structure notices.

(1) Before exercising any right conferred on him by Section 2 (of the Act), a building
owner shall serve on any adjoining owner a notice (in this Act referred to as a “party
structure notice”) stating —
 (a) the name and address of the building owner;
(b) the nature and particulars of the proposed work including, in cases where the
building owner proposes to construct special foundations, plans, sections and details
of construction of the special foundations together with reasonable particulars of the
loads to be carried thereby; and
(c) the date on which the proposed work will begin.

(2) A party structure notice shall—

(a) be served at least two months before the date on which the proposed work will
begin;
(b) cease to have effect if the work to which it relates—
(ii) is not prosecuted with due diligence.

Section 6 - Adjacent excavation and construction.

(1) This section applies where—
(a) a building owner proposes to excavate, or excavate for and erect a building or
structure, within a distance of three metres measured horizontally from any part of a
building or structure of an adjoining owner; and (b) any part of the proposed
excavation, building or structure will within those three metres extend to a lower level
than the level of the bottom of the foundations of the building or structure of the
adjoining owner.
(2) This section also applies where —
(a) a building owner proposes to excavate, or excavate for and erect a building or
structure, within a distance of six metres measured horizontally from any part of a
building or structure of an adjoining owner;
(b) any part of the proposed excavation, building or structure will within those six
metres meet a plane drawn downwards in the direction of the excavation, building or
structure of the building owner at an angle of forty-five degrees to the horizontal from
the line formed by the intersection of the plane of the level of the bottom of the
foundations of the building or structure of the adjoining owner with the plane of the
external face of the external wall of the building or structure of the adjoining owner.

Section 7 - Compensation etc.

(1) A building owner shall not exercise any right conferred on him by this Act in such a
manner or at such time as to cause unnecessary inconvenience to any adjoining
owner or to any adjoining occupier.
(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.
3. The manner in which they have been breached: