🏛️ Serving a Party Wall Notice: Risks and Benefits

If you're a building owner planning work on a party wall, serving the correct notice under the Party Wall etc. Act 1996 is crucial. While it may seem like an extra step, failing to do so can expose you to significant legal and financial risks.

⛔ The Risks of Not Serving a Notice

  • Expensive Litigation: A Building Owner who fails to serve a notice runs the risk of costly litigation. As established in the case of Shah v Power, a building owner who does not serve a notice may be subject to a claim for damages under common law. This differs from the structured dispute resolution process provided by the Act, which is often less expensive than going to court.

  • Works Halt: The Adjoining Owner can seek a court injunction to stop the works if trespass occurs and also as a result of damage or nuisance. If granted, this can lead to significant delays and financial penalties.

  • No Access to Neighboring Property: The Act grants the Building Owner a legal right to access the neighboring property to carry out the works. Without a notice and the resulting Party Wall Award, the Building Owner has no right to access the Adjoining Owner’s land, which could make the project impossible to complete.

  • Undefined Liabilities: Without a formal Party Wall Award, you lose the legal protections that come with it. An award establishes the scope of the works, sets out agreed-upon working hours, and provides a framework for resolving disputes. Without this, you and your neighbor have no agreed-upon process, which can lead to conflict.

  • Uncertainty Over Damage: A Party Wall Award typically includes a Schedule of Condition, a detailed record of your neighbor's property before work begins. This document protects you by providing a clear baseline to determine if any damage was caused by your work. Without it, you may be held liable for pre-existing cracks or defects, with no way to prove otherwise.

  • Difficulty Selling Your Property: Potential buyers may be deterred if they discover that a party wall notice was not served for a completed project. A failure to comply with the Act could raise questions about the legality of the work and may require you to secure a retrospective Party Wall Award, which can be difficult and costly to obtain.

✅ The Benefits of Following the Act

  • Legal Protection: A Party Wall Award provides the Building Owner with statutory rights and a clear legal process for undertaking the work.

  • Dispute Resolution: The Act provides a cost-effective and formal dispute resolution mechanism through surveyors.

  • Professional Framework: A notice ensures the works are carried out safely, with an independent surveyor overseeing the process.

  • Good Neighborly Relations: Following the formal process demonstrates respect for the Adjoining Owner's rights, which can help prevent disputes and maintain a positive relationship.

Should you require further information please call Lee on 07850330567