What are the Implications of Starting Party Wall Works Without Serving Notice?
If you start the work without serving the appropriate Party Wall Notice, this can result in legal and other implications depending on the jurisdiction and the particulars. Potential implications include:
- Legal Action: If you are a property owner that is proceeding to carry out work without serving the appropriate Party Wall Notice, then the affected adjoining owner(s) may have a basis to pursue legal action against you in this regard. The affected adjoining owner(s), by going ahead and commencing the work without serving the Party Wall Notice to the affected adjoining owner, may be able to seek an injunction stopping the works and/ or a claim for damages in respect of the unauthorised building works. Legal action is generally not an expedient way to reach your project completion. Legal action could lead to delays, costs, and possible liability.
- Compulsory Works: In some circumstances, if you are proceeding to carry out works at your property without serving the Party Wall Notice, the affected adjoining owners may have the basis to describe these works as being ‘compulsory works’. This means that the adjoining owners can insist that you carry out additional works, showing to the adjoining owners the property would be safe, secure or structurally sound. You may well be liable for the costs to comply with that request.
- Invalidity of Notice: If works commence, and a Party Wall Notice was not served, then the Notice served after the works may be invalid. In other words, even if you serve a notice after the works have commenced, there is a chance this notice may not be valid and you may have to re-serve the notice or deal with issues as the works owner.
- Reputational Harm: If you undertake works, avoiding the correct outcomes, then you may harm your reputation in the construction industry. Harms to your reputation may create problems for your future projects involving the same neighbouring parties, or if a neighbour has negative remarks or reviews about your works without your knowledge.
It is worth noting that it should be very important to follow the appropriate legislation, regulations, and send notices in the correct way, to avoid any legal issues, and avoid partaking in dispute when sending Notice. It may also be worth engaging a qualified party wall surveyor or lawyer regards your project to ensure you are following the guidelines and protecting your rights and interest when undertaking construction in proximity to party walls or neighbouring properties.
Get in touch with us for a free consultation. Our well-versed and professional staff will determine whether the suggested work is covered by the Party Wall Act based on your drawings, which you can share with us via email or call. We offer you our best, customised, and risk-free advice. We are also pleased to provide our professional services to Greater London and the surrounding areas.
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