When building owners undertake party wall work, they need to serve a notice to the adjoining owners. In such cases, a party wall surveyor needs to be appointed to ensure that the work commences as per the Party Wall Act. A Schedule of Condition is prepared by the surveyors before or after the work to identify defects or reasons to carry out the work and make the detailed plan of action while serving the notice. But, what happens if there is a failure to serve Party Wall Notice?
Here are points that building owners must know when undertaking party wall work:
- There is hardly any fine or penalty if the notice is not served.
- But, it is not a wise move because it could result in delaying the project while the owner might need to incur additional expenses.
- The adjoining building owners can approach the court for an injunction. Since the building owner did not follow all the required steps as per the Party Wall Act, the court usually orders an injunction. It means that the work has to be stopped immediately, and it cannot commence until the owner follows all the steps mentioned in the Party Wall Act.
- Remember, if the injunction order is disobeyed or ignored, it could result in penalties and fines because that is a criminal offense.
The potential punishment for ignoring the injunction could be paying for the solicitor and court fees spent for an injunction, and the court could also order you to remove the entire constructed work. Therefore, it is best to hire an expert residential or commercial building surveyor before any Party Wall work is commenced. In this way, all these unnecessary delays and extra costs can be well avoided.
Consider hiring experts at Arun Associates as it is one of the leading chartered Building surveyor firms in London. With an extensive knowledge base and experience, you will be guided by the best people in the business.
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