The Party Wall etc. Act 1996 has now been in operation since 1st July 1997, although surveyors had previously used it for very many years in its previous form as Part VI of the London Building Act (Amendment) Act 1939. The jurisdiction of the London Building Act was, of course, only for the inner London boroughs, but now this Act is applicable to the whole of England and Wales.

The problem with the Act is that, while it is extensive in its operation, it is a toothless tiger when it comes to invoking penalties for non-compliance. Basically, if the Act is ignored, there are no fines, penalties, or retrospective procedures, unlike with the Building Act 1984 and the Town Planning Act 1990.

With the above in mind, the author feels the need to highlight some of the misunderstandings and mistakes that are being made in the implementation of the Act. That is to say that these same misunderstandings and mistakes were being made before, under the previous London Building Act. Sad to say, many surveyors who have been practising for years have not really considered the matter seriously enough and are finding that as the nation becomes more litigious, they are being questioned more on their actions and the party wall awards that they are producing.

The purpose of this book is therefore not to castigate established surveyors but to assist their work, in order that the profession of practising party wall surveyors might be united in their interpretation of the Act, notwithstanding that the advice given cannot be absolute, simply because of the grey areas and anomalies that exist within the Act itself.