Failure to Serve Party Wall Notice
If you are a ‘Building Owner’, who instigates the building work, the most severe sanction available under the Act is a Court injunction. This would stop any ongoing party wall works (and in all probability, the wider construction scheme as a whole) for an indefinite period, whilst the pertinent facts are investigated.
It would also increase the likelihood of substantiated claims, and allegations of damage, as there is less likely to be a point of reference (such as an up to date schedule of condition) if the Party wall process has not been followed.
Even action that stops short of a full injunction can prove to be far costlier than following the statutory process in the first instance.
Legal cases have been reported where party wall Notices have not been served, prior to carrying out works.
At Harding Chartered Surveyors, we’re a team of independent and impartial RICS surveyors that can carry out party wall matters. If you have any questions or need advice don’t hesitate to call us on 020 3598 6730.