Learn how extended jurisdiction agreements under the Party Wall etc. Act 1996 can allow surveyors to determine legal fees, non-notifiable works disputes and late damage claims. Practical examples from Adkins Consultants.
Extended Jurisdiction Agreements Under the Party Wall etc. Act 1996 – A Practical Guide
Extended jurisdiction agreements under the Party Wall etc. Act 1996 are becoming increasingly important in complex residential and mixed-use developments. At Adkins Consultants, we have recently used extended jurisdiction agreements to resolve disputes efficiently, manage legal risk, and avoid costly litigation.
This article explains what extended jurisdiction agreements are, how they work, and provides real examples of how Adkins Consultants have successfully implemented them.
What Is an Extended Jurisdiction Agreement?
The Party Wall etc. Act 1996 applies only to specific notifiable works, including:
- Works to a party wall or party structure
- Excavations within prescribed distances of neighbouring structures
- Construction of a new wall on the line of junction
If a dispute arises in relation to those works, appointed surveyors can determine the matter by way of a Party Wall Award.
However, the Act does not cover all building works. Internal alterations, certain structural modifications, and many forms of refurbishment may fall outside the statutory framework.
An extended jurisdiction agreement is a private contractual agreement between neighbours which allows surveyors to determine matters beyond the strict limits of the Act. It effectively expands the surveyors’ authority by agreement.
Recovery of Legal Fees – Addressing the Blake Issue
It is well established through case law, particularly following the Blake decision, that surveyors acting under the Act do not generally have jurisdiction to award legal costs as part of a Party Wall Award. Legal fees are not automatically recoverable under the Act.
In a recent matter, Adkins Consultants were appointed in a dispute where both parties wished to avoid parallel legal proceedings. The parties entered into an extended jurisdiction agreement which expressly allowed the surveyors to consider and determine reasonable legal fees as part of the award.
Because this authority arose from a contractual agreement rather than purely from the statute, the surveyors were able to:
- Consider representations relating to legal costs
- Assess whether those costs were reasonably incurred
- Include provision for legal fees within the award
This provided clarity, avoided duplication of proceedings, and brought the entire dispute within a single structured process.
Example – Non-Notifiable Works in a Flat and a Late Damage Claim
In another case handled by Adkins Consultants, works were carried out within a flat that were not notifiable under the Act. No party wall notices had been required at the time.
Three years after completion, a neighbouring owner alleged that damage had occurred and sought to pursue a claim as though it were a statutory damage claim under the Act.
Ordinarily, because the works were not notifiable, the surveyors would have had no jurisdiction under the Act to determine liability for those works.
To avoid court proceedings, the parties agreed an extended jurisdiction agreement. Importantly, the agreement stated that the surveyors could consider not only any notifiable works, but the whole of the works carried out as part of the project.
This allowed the surveyors to:
- Review the full scope of construction works
- Assess causation and alleged damage
- Determine liability and appropriate remedial measures
- Conclude the matter by way of a binding award
The agreement brought certainty to a dispute that would otherwise have fallen outside the statutory framework and likely escalated into litigation.
Why Extended Jurisdiction Agreements Are Increasingly Useful
From our experience at Adkins Consultants, extended jurisdiction agreements are particularly useful where:
- There is a mixture of notifiable and non-notifiable works
- Legal costs are already being incurred
- Damage claims arise long after completion
- Parties want to avoid court proceedings
- Complex residential developments involve multiple elements of work
They provide a structured, surveyor-led dispute resolution mechanism without immediately resorting to litigation.
Key Considerations Before Entering Into an Extended Jurisdiction Agreement
Before signing, parties should carefully consider:
Scope of Authority
The agreement must clearly define what works and what issues the surveyors are entitled to determine.
Costs and Fees
It should specify how surveyors’ fees and any legal fees are to be assessed and apportioned.
Fairness and Balance
Each party’s right to appoint their own surveyor should be preserved unless otherwise agreed.
Enforceability
Because the agreement is contractual, careful drafting is essential to ensure it is enforceable and unambiguous.
Extended Jurisdiction Agreements and Risk Management
For building owners and adjoining owners alike, extended jurisdiction agreements can form part of a broader risk management strategy. They provide clarity where the Act alone may not offer a complete solution.
However, they should never be entered into lightly. Proper professional advice is essential to ensure that rights are protected and unintended obligations are avoided.
How Adkins Consultants Can Help
Adkins Consultants regularly advise on extended jurisdiction agreements under the Party Wall etc. Act 1996. We assist with:
- Drafting extended jurisdiction agreements
- Reviewing proposed agreements
- Acting as appointed surveyor or agreed surveyor
- Determining complex disputes involving legal costs
- Resolving damage claims relating to non-notifiable works
If you are considering building works, facing a party wall dispute, or have been asked to sign an extended jurisdiction agreement, contact Adkins Consultants for clear, practical and commercially focused advice.
