Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask His Majesty's Government whether they plan to review the Party Wall etc. Act 1996, in particular with regard to (1) the balance of rights between the building owner and adjoining owner, (2) the conflict resulting from the building owner's rights of access to the adjoining owner's property against their wishes, and (3) the impact on adjoining owners when underpinning is proposed, affecting only one wall of a terraced house.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
The Government has no current plans to undertake a review of the Party Wall Act. The Department has not conducted post legislative review of the Party Wall Act 1996.
The Party Wall Act provides statutory rights for the owner to carry out work to their home as well as providing a dispute resolution procedure for Party Wall disputes. A building owner proposing to start work covered by the Act may give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes.
The Act establishes that a building owner must not cause unnecessary inconvenience to adjoining owners. This is taken to mean inconvenience over and above that which will inevitably occur when such works are properly undertaken. Under the Act, the building owner must provide temporary protection for adjacent buildings and property when necessary. The building owner is also responsible to making good any damage caused by the works or provide payment in lieu if requested by the adjoining owner.
Local planning authorities are required to give notice of a planning application and can serve a notice on any adjoining owner or occupier to which an application relates. Neighbours can make their representations during the 21-day consultation period. The grant of planning permission does not grant the consent of the landowner or remove the need for applicants to also comply with other legal requirements such as building regulations approval and the Party Wall Act. An enforcement notice can be served by the local planning authority against any breach of planning control.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask His Majesty's Government what assessment they have made of the impact of the Party Wall etc. Act 1996 on adjoining owners, and its potential to cause them distress through (1) unwanted access to their land, (2) damage to their property, and (3) other inconvenience and disruption.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
The Government has no current plans to undertake a review of the Party Wall Act. The Department has not conducted post legislative review of the Party Wall Act 1996.
The Party Wall Act provides statutory rights for the owner to carry out work to their home as well as providing a dispute resolution procedure for Party Wall disputes. A building owner proposing to start work covered by the Act may give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes.
The Act establishes that a building owner must not cause unnecessary inconvenience to adjoining owners. This is taken to mean inconvenience over and above that which will inevitably occur when such works are properly undertaken. Under the Act, the building owner must provide temporary protection for adjacent buildings and property when necessary. The building owner is also responsible to making good any damage caused by the works or provide payment in lieu if requested by the adjoining owner.
Local planning authorities are required to give notice of a planning application and can serve a notice on any adjoining owner or occupier to which an application relates. Neighbours can make their representations during the 21-day consultation period. The grant of planning permission does not grant the consent of the landowner or remove the need for applicants to also comply with other legal requirements such as building regulations approval and the Party Wall Act. An enforcement notice can be served by the local planning authority against any breach of planning control.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask His Majesty's Government what assessment they have made of the case for reforming the law on planning, in cases involving party walls, to require the consent of the adjoining landowners and prevent their house being interfered with against their wishes.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
The Government has no current plans to undertake a review of the Party Wall Act. The Department has not conducted post legislative review of the Party Wall Act 1996.
The Party Wall Act provides statutory rights for the owner to carry out work to their home as well as providing a dispute resolution procedure for Party Wall disputes. A building owner proposing to start work covered by the Act may give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes.
The Act establishes that a building owner must not cause unnecessary inconvenience to adjoining owners. This is taken to mean inconvenience over and above that which will inevitably occur when such works are properly undertaken. Under the Act, the building owner must provide temporary protection for adjacent buildings and property when necessary. The building owner is also responsible to making good any damage caused by the works or provide payment in lieu if requested by the adjoining owner.
Local planning authorities are required to give notice of a planning application and can serve a notice on any adjoining owner or occupier to which an application relates. Neighbours can make their representations during the 21-day consultation period. The grant of planning permission does not grant the consent of the landowner or remove the need for applicants to also comply with other legal requirements such as building regulations approval and the Party Wall Act. An enforcement notice can be served by the local planning authority against any breach of planning control.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask His Majesty's Government what recent steps they have taken to ensure there are enough accessible and adaptable homes available for those older and disabled people who need them.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
I refer the noble Baroness to my answer to Question HL8422 which was answered on 26 June 2023.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask His Majesty's Government whether they have any plans to carry out a consultation on the effects of the Party Wall Act 1996.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
The Department has not conducted any post legislative review of the Party Wall Act 1996 and does not intend to consult on its effects.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask His Majesty's Government whether they have conducted any post legislative review of the Party Wall Act 1996.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
The Department has not conducted any post legislative review of the Party Wall Act 1996 and does not intend to consult on its effects.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask His Majesty's Government what assessment they have made of planning permission applications by a third party which (1) interfere with an adjacent neighbouring property, and (2) undermine the foundation of a property not owned by them, without acquiring permission from that property owner.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
Local planning authorities are required to give notice of a planning application and can serve a notice on any adjoining owner or occupier to which an application relates. Neighbours can make their representations during the 21-day consultation period. The grant of planning permission does not grant the consent of the landowner or remove the need for applicants to also comply with other legal requirements such as building regulations approval and the Party Wall Act.
An enforcement notice can be served by the local planning authority against any breach of planning control.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask His Majesty's Government whether they have any plans to reform the Party Wall etc. Act 1996.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
There are no plans, at present, to undertake a review of the Party Wall Act.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government whether parish councils are allowed to use the names and addresses as they appear on the electoral register to contact those living in the parish.
Answered by Lord Greenhalgh
There are two versions of the electoral register – the edited or open register and the full register. The edited register is publicly available for anyone to use – including to contact listed electors. However, whilst parish councils are also entitled to a copy of the full register, they may only use it to establish whether any person is entitled to attend and participate in a meeting of, or take any action on behalf of, the parish or community.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask Her Majesty's Government whether parish councils can access the names and addresses of parishioners held by unitary and council councils, other than those already on the electoral register, so that parish councils can contact parishioners not on the electoral register.
Answered by Lord Greenhalgh
As parish councils are not public authorities within the Data Protection Act 2018, principal authorities are prevented from sharing personal information with parish councils beyond that available on the electoral register.