We also have a short informative video on this case!
Nutt v Podger, provides a clear position on the importance of a building owner adhering the legal procedures set out by the Party Wall etc Act 1996.
The case arose when a building owner progressed their notifiable construction works without having served a Party Wall Notice upon the adjoining owner prior.
The adjoining owner sought an injunction from the courts to stop the works on the grounds that they had not been served the necessary Notice.
The building owner’s position was that they had obtained a verbal consent to the works from the adjoining owner through informal neighbourly discussion.
The judge’s view was straightforward and simple, confirming there was no evidence to support a verbal consent, nor to circumvent the legal requirements prescribed by the Party Wall Act.
The viewpoint was that the adjoining owner should have been afforded the rights and protections the Party Wall Act affords them.
While this was an obvious outcome, this case cements the need for a building owner to correctly adhere to the requirements of the Party Wall Act and ensure Party Wall Notices are always served on their adjoining owners well in advance of the works commencing.
Failing to honour the Act’s requirements is very likely to result in an adjoining owner being well placed to obtain a party wall injunction.
Injunctions not only stop the works on site, if upheld the building owner will find themselves liable for the adjoining owner’s reasonable expense in obtaining this. In our experience this is likely to be in excess of £15,000.00.
