If I start work without serving Notice, what are the implications?
If you start work without serving the required Party Wall Notice, it can have legal implications and may lead to various consequences, depending on the jurisdiction and the specific circumstances. Here are some potential implications:
1. Legal Action: If you commence work without serving the necessary Party Wall Notice, the affected adjoining owner(s) may have grounds to take legal action against you. They can seek an injunction to stop the work or file a claim for damages resulting from the unauthorized construction. Legal action can lead to delays, increased costs, and potential liability on your part.
2. Compulsory Works: In some cases, if you start work without serving the Party Wall Notice, the affected adjoining owner(s) may have the right to request that the works be treated as “compulsory works.” This means that the adjoining owner(s) can require you to carry out additional work to ensure their property’s stability, safety, or structural integrity is not compromised. You may be responsible for the costs associated with these additional works.
3. Invalidity of Notice: Starting work without serving the required Party Wall Notice may invalidate any subsequent notice served. This means that even if you serve a notice after commencing work, it may not be considered valid, and you may have to repeat the notice-serving process or face potential legal challenges.
4. Reputational Damage: Undertaking work without following the appropriate legal procedures can harm your reputation in the construction industry. It may lead to difficulties in future projects, strained relationships with neighbours, and negative feedback or reviews from affected parties.
It is crucial to comply with the relevant laws and regulations, including serving the necessary Party Wall Notice, to avoid potential legal complications and disputes. It is advisable to consult with a qualified party wall surveyor or seek legal advice to ensure compliance and protect your rights and interests when undertaking construction work near party walls or neighbouring properties.