What Happens If I Don’t Respond To A Party Wall Notice?
If you do not respond to a Party Wall Notice, there can be legal consequences resulting from this action that can impact your party wall rights and obligations. First, the consequences of not responding to Party Wall Notice vary because the law that governs Party Walls can be different from country to country and from region to region. However, some of the possible consequences of Not responding to a party wall notice are:
Default Assent: In certain jurisdictions, nonresponse or failure to respond to a party wall notice within a determined time frame may be treated as assent to a degree that is acceptable to you. In such cases, if that occurs, you will be responsible for a lot of the costs associated with the work. Effectively, it will give you the acceptance or default assent that allows them to do so without notice or input from you.
Dispute Resolution: Not responding to the party wall notice could now be a dispute or disagreement with the other party. The party carrying out the works could now proceed to engage a surveyor or take some form of legal action to terminate the matter by means of a decision. Depending on the circumstances, this may ultimately lead to additional costs and delay in the party wall works.
Injunction or Legal Action: If you do not respond to the Party Wall Notice and the works go ahead ‘without’ your consent, you may be able to exercise some legal rights. This may be to obtain an injunction preventing the works taking place or to take action against the party carrying out the works. The success or otherwise of outright legal rights may be subject to the circumstances and the law in place in the area.
It is important to note that party wall legislation is there to protect the rights and interests of all parties. It is generally in your best interest to respond to a Party Wall Notice as soon as you can and to seek legal advice to discuss any concerns or objections that you may have. Pursuing a dispute resolution process may be the best way to ensure that your rights are protected and resolved fairly and in accordance with the law.
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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