Welcome to today’s blog post, we hope you enjoy reading this and it helps you to further develop your understanding of the subject.
In today’s blog we will be looking at what your options are if your neighbour does not serve you with a Party Wall Notice before carrying out construction works on their property.
If your neighbour – formally referred to as the building owner under the Party Wall etc. Act 1996 – wishes to undertake construction works to their property then they are legally required to serve you with a Party Wall Notice at least 1 month prior to the works commencement date.
The Party Wall Notice should include the name and address of the building owner, the nature and particulars of the proposed work and the date on which the proposed work will begin.
The Party Wall Notice is in place to make adjoining owners aware of any works and provides them with three Party Wall Response options.
So, what happens if the building owner does not serve the adjoining owner a Party Wall Notice?
Unfortunately, in some cases building owners fail to serve notice which is usually either because they are unaware of the Act. Or they believe the adjoining owners are unaware of the Act.
If you notice that the building owner is about to undertake construction works which falls under the Act. Here at Stokemont we heavily advise that you have a friendly discussion with your neighbour before the work commences as this will make them aware of the procedures that should be in place.
Should this discussion go to plan the building owner will then serve you with a Party Wall Notice which leaves you with the following three response options:
- Consent to the works
- Dissent and appoint Party Wall Surveyor
- Dissent and appoint Agreed Surveyor
However, if the building owner still fails to serve you with a Party Wall Notice the only option that adjoining owners have is to apply for a Party Wall injunction through the courts. To many adjoining owners surprise, once the building owners works have started there are no penalties to the building owner for not serving notice.
Here at Stokemont we recommend that you seek legal advice if you are in a position where you wish to obtain a Party Wall Injunction. This is because these injunctions do bring you some risk as the adjoining owner because they can cost a large sum of money to obtain. Not only this, the injunction could lead to severe delays in the building owner’s construction works leaving yourself liable for the delayed construction costs. These costs could include the daily contractor rates, scaffolding hire and equipment hire etc which will soon spiral into thousands of pounds.
Unfortunately, it doesn’t stop there. If it turns out that the injunction was unnecessary you will also be responsible for paying the building owners legal fees.
For this reason, it is heavily advised that prior to applying for a Party Wall injunction you seek advice from an experienced Party Wall Surveyor to assess whether the works of the building owner is notifiable under the Act.
If your neighbour has completed their construction works without serving notice this does not mean that they are off the hook as they have breached a Statutory Duty. The building owner still has a duty of care under common law to put right any damage that their works causes to your property.
If you find yourself in this position and you believe your property has been damaged as a result of the building owner’s construction works, it is advised that you seek advice from an experienced Party Wall Surveyor who can determine whether the damage is a result of the building owner’s work.
If the Party Wall Surveyor is of the opinion that the damage is a result of the works then you will be able to claim compensation through the courts.
If the building owner decides not to follow the procedures of the Act. Recent case law has shown that building owners will not gain an advantage for his inability to comply with statutory requirements. It is entirely up to the building owner to prove that damage to the adjoining owner’s property is not a result of their recent construction works. This is a very difficult task to do without any schedules of condition taken by experienced Party Wall Surveyors.
If you believe your neighbour is intending to carry out construction works that you believe is notifiable under the Act, please do not hesitate to get in touch with our highly qualified and experienced team of surveyors today. We are more than happy to give our professional opinions and advice to put your worries at ease.
