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What happens when there’s no Party Wall Notice Served?

Jun 11, 2022

Thank you for clicking on today’s Party Wall Surveying blog post topic. Through our weekly blog posts, we aim to not only advise and inform both our clients and the general public, but we also aim to address some of the more complicated and complex parts of the Property Surveying work that we undertake daily.

In today’s blog post topic, we are going to be looking at one of the most common questions were asked as Party Wall specialists here at Stokemont.

This blog has been written for those adjoining owners who have not received a party wall notice.

Under the party Wall Act ect 1996, a party wall notice must be served to the adjoining owners if the works involved fall into the Party Wall Act ect 1996.

Works that fall under the Party Wall Act are such as:

Building new walls up to or astride the boundary line, this will include the likes of garden walls and extension walls.

Works carried out directly to the party wall, common works include the removal of a chimney breast or inserting new structural beams into the party wall.

In addition to this, any excavations within 6metres of an adjoining owner’s structure would fall into the Party Wall Act ect 1996.

A building owner will have to serve notice to the adjoining owners either one or two months before the building owner wants to commence works, depending on what works are being carried out. Once the party wall notice has been served, the adjoining owner will then have the right to assent or dissent and appoint a party wall surveyor.

What happens if I do not receive a party wall notice?

Unfortunately, if the builder owner refuses, neglects or does not serve a party wall notice there are a limited number of options in which the adjoining owner can do to resolve this matter.

Firstly, the adjoining owner can go to the courts and obtain a court issue Injunction. An Injunction will essentially halt the building owners works with a significant cost to the building owner. The cost can include, court fees, surveyor fees, as well as solicitor fees. However, for the Injunction to be upheld, and for the building owner to be liable for the injunction fees also, the adjoining owner will have to provide evidence that the works were notifiable at the time the Injunction was issued.

The following option would be to appoint a party wall surveyor to conduct a schedule of condition report. The schedule of condition report will safeguard the adjoining owner’s property in an event of a damage, as there will be a record of the condition of the property on the given date. Meaning the building owner will be held accountable for any new damages made and for the damages to be rectified.

Here at Stokemont, we unfortunately see this occurring where a building owner fails to serve a party wall notice to their adjoining owners. If you are reading this blog and feel as though you are in this predicament, we would be more than happy to help and advise you. You can contact one of our expert party wall surveyors by call or email.

Party Wall Surveyor Fixed Fees

Party Wall Surveyor Fixed Fees

Thank you for clicking on today’s Property Surveying blog post topic.  Through this post we are going to be looking at one of the most common questions we are asked here as party wall surveyors at Stokemont. A typical and re-occurring question we get from most...

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