If works are being done under Party Wall Act 1996 then, before the work is started, the adjoining owner can require the building owner to provide security for the work. Security must then be given by the building owner within one month of the notice being served, or of a determination by surveyors (s12(2)). 


There have been arguments that security can only be demanded if work is to be carried out on the adjoining owner’s own land, as opposed to the building owner’s land. However, the High Court has recently held that is not correct and security can be demanded even if the works solely relate to the building owner’s land. See Kaye v Lawrence [2010] EWHC 2678 (TCC) (access free at www.practicalconveyancing.co.uk). For a reminder as to when PWA 1996 applies see our October issue, p17.