What Happens If I Forget to Follow the Party Wall Procedure?

What is a Party Wall Injunction?

An injunction, in the context of a Party Wall Injunction, is a legal directive compelling a person to either perform or refrain from a specific action. In this scenario, it involves the Adjoining Owner initiating legal proceedings and seeking an injunction against the Building Owner’s construction activities due to non-compliance with Party Wall procedures—specifically, failing to serve a Party Wall Notice before commencing the works.

How are Party Wall Injunctions obtained?

Securing a Party Wall Injunction through your local court can be a swift process. Once obtained, it brings an immediate halt to neighbouring works, preventing any resumption until the complete adherence to the Party Wall process. Disregarding the injunction becomes a criminal offence, subjecting the building owner to legal liability.

Typically, the building owner is responsible for covering the costs associated with obtaining the injunction, including solicitor fees, surveyor fees, and court fees.

What if your property has taken damage from works?

When notifiable works begin without the service of a Party Wall Notice, and damage occurs to an Adjoining Owner’s property, the responsibility falls on the Building Owner. They must furnish compelling evidence that the purported damage did not result from their works. This task is often challenging for building owners unless a pre-work Schedule of Condition Report was conducted.

What works should you make your neighbour aware of?

It is essential to inform your neighbour if you intend to:

• Construct on or along the boundary of your properties
• Undertake work on an existing party wall or party structure
• Excavate below and in close proximity to the foundation level of their building or structure

While your neighbour cannot prevent legal property changes, they can influence the timing and manner of the works. Failure to adhere to the Party Wall Act’s provisions may render the works unlawful. If uncertain about the Act’s applicability to your planned work, please reach out to us for expert Party Wall guidance and professional advice.