Baroness Taylor of Stevenage (Lab)

My Lords, I thank the noble Baroness, Lady Hodgson of Abinger, for her amendments relating to party walls and for meeting with me to help me understand the issues that she has faced relating to this. Amendment 221 seeks to create a legal duty to review the Party Wall etc. Act 1996 within 12 months of the Bill becoming law. The party wall Act provides a framework for preventing or resolving disputes between neighbours relating to party walls, party structures, boundary walls and excavations near buildings. While I have no objection in principle to reviewing legislation, it has been the view of successive Governments since the late 1990s that the party wall Act does, indeed, deliver what it was intended to do. It creates a framework for communication and agreement between adjoining property owners when work needs to be carried out to a shared structure, while the Building Regulations establish the minimum legal standards and functional requirements in new building work. The party wall Act already requires that the owner of a building carrying out work under the Act must serve any adjoining property owner a party structure notice stating: the name and address of the building owner proposing the work; 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 the date on which the proposed work will begin. Amendment 223 seeks to create a legal duty for building owners to gain permission from the adjoining property to carry out any works under the party wall Act. As I mentioned, the party wall Act provides a framework for preventing and resolving disputes when they arise in relation to party walls, to protect neighbouring buildings from the impact of building works and hold those completing works accountable for any negative impact. Ensuring structural compliance when undertaking work is already regulated under Structure: Approved Document A of the Building Regulations. Any development work must comply with the functional requirements of the Building Regulations. Amending the party wall Act will therefore have no regulatory effect on the structural safety of buildings beyond what is already regulated for. The party wall Act should therefore continue to provide a robust framework for preventing and resolving disputes when they arise in relation to party walls, party structures and excavations near neighbouring buildings. I accept that there are occasions when things go wrong and I am very happy to continue the dialogue with the noble Baroness, but for all the reasons I have set out, I ask her to withdraw her amendment.