Cases - Burlington Property Company Ltd v Odeon Theatres Ltd
Record details
- Name
- Burlington Property Company Ltd v Odeon Theatres Ltd
- Date
- [1939]
- Citation
- 1 KB 633
- Legislation
- Keywords
- Party walls - London Building Act 1930 - Party walls, etc Act 1996, s. 2(2)
- Summary
-
Surveyors appointed to make an award under a similar provision of the London Building Act 1930 allowed the building owner to rebuild a party wall, so that instead of containing the original three windows, it had door openings. The Court of Appeal decided that the surveyors had no jurisdiction to allow a building surveyor to alter the form of the wall in this respect. (The 1930 Act did not allow rebuilding to a lesser height or strength, as is permitted by the Party Walls, etc Act 1996. Nonetheless, it seems likely that the 1996 Act (like the 1930 Act) would not permit the sort of alteration in form that occurred in Burlington.)
Section 2(2) of the 1996 Act contains 2 important changes from the previous law, relating to reducing the height of party structures and weatherproofing.
Section 2(2)(e) and (m): Reducing the height of the wall.