In today’s article, we’re diving into a scenario that, unfortunately, is not as rare as we’d like it to be: when a building owner begins party wall works without serving the necessary party wall notice to the adjoining property owner. This situation is particularly tricky and can lead to unnecessary disputes if not handled correctly. Let’s explore the consequences and options for adjoining property owners in this scenario.
The Importance of Serving a Party Wall Notice
Under the Party Wall etc. Act 1996, the responsibility for serving a party wall notice falls squarely on the building owner, who plans to undertake construction work. This legal requirement is essential in ensuring that both parties—especially the adjoining property owner—are protected.
The party wall notice serves as the official trigger for the Act to come into effect. It gives the adjoining owner specific rights to respond, such as:
- Consent to the proposed works.
- Dissent from the notice and appointing an agreed surveyor.
- Dissent and appointing their own independent party wall surveyor.
Without the proper notice being served, the adjoining owner cannot exercise any of these rights and is left relying solely on common law to protect their interests, which is far less comprehensive than the protections afforded under the Party Wall etc. Act.
What Happens If the Building Owner Fails to Serve a Party Wall Notice?
If an adjoining property owner notices construction work beginning without the required party wall notice, what are their options?
1. Pursuing a Party Wall Injunction
One formal approach that an adjoining owner can take is to apply for a party wall injunction. This legal step would require the adjoining owner to go to court and obtain a court order to stop the building owner from proceeding with the work until the proper procedures have been followed.
However, this method comes with significant costs and risks. The average cost of obtaining a party wall injunction can be circa £15k for a reputable solicitor. Additionally, if the building owner can prove that the Party Wall etc. Act doesn’t apply to the works in question, the adjoining owner could end up being liable for:
- Contractor liquidation damages
- Temporary accommodation costs, if the building owner is not living at the property
- Street licenses for scaffolding or skips
- Other legitimate costs arising from work delays
This scenario can quickly become financially burdensome for the adjoining owner, especially when construction delays and the involvement of professional fees from both sides are taken into account.
2. Hiring Your Own Party Wall Surveyor
Another option available to the adjoining owner is to appoint their own party wall surveyor privately.
However, this approach also comes with its own set of costs. The adjoining owner will need to bear the expenses for the surveyor’s fees, which can be a significant outlay, especially if the issue drags on. But, this step does provide some legal protection, as the surveyor will manage the process and ensure that any potential damage is recorded and accounted for.
What Can Help Prevent Escalating Costs?
In many cases, communication is key to avoiding costly disputes. We advise adjoining owners to engage in an open dialogue with the building owner as soon as possible if they find that works have started without a party wall notice. By discussing matters early on, both parties may find a resolution without needing to resort to legal action, which can be stressful and expensive for both sides.
Conclusion: Navigating the Process
Though the Party Wall etc. Act 1996 provides a clear framework for resolving disputes and ensuring protections for adjoining owners, the process can be complex and stressful when the proper notice isn’t served. Whether you’re an adjoining owner dealing with the aftermath of a missing notice or a building owner who needs to ensure compliance, it’s crucial to have professional guidance.
If you’re facing a situation where a party wall notice has not been served, or if you’re unsure about the process, we recommend reaching out to a qualified party wall surveyor. At Simple Survey our team of experienced surveyors can help navigate these challenges, ensuring that your rights and properties are protected.
Get in touch today for a consultation, and let us assist you with all your party wall surveying needs. We’re here to help!