What Happens if Someone Fails to Comply with the Party Wall Act?
Failure to comply with the Party Wall etc. Act can have various consequences and legal implications. Here are some potential outcomes if you don’t follow the Act:
- Legal Liability: If you don’t comply with the Act you can be legally liable for any damage or loss attributed to the adjoining owner’s property. This could cause expensive litigation situations and claim for compensation amounts.
- Injunctions: Similarly, an adjoining owner may apply to the court for an injunction to stop any usage or construction work until the appropriate legislative methods required by the Act have been followed. This could lead to considerable delays, and additional financial burdens for your project.
- Legal Action: The adjoining owner seeking only equitable relief, could sue you in an action for a breach of notice and seek the court’s compliance in directing the adjoining owner comply with the Act. In this case, the owner would be able to recover additional costs (and legal fees) awarded by the court, and you may have also caused a serious consideration in your neighbour relationship.
- Rebuilding Costs: If the work you carried out without proper notice or agreement, damages a part of the party wall, or the neighbouring property, you may be responsible for rebuilding, repairing or rectifying the situation you caused.
- Criminal Prosecution: In some circumstances, even if it does not arise to a common law civil tort, wilfully hindering/prohibiting access to a party wall on those persons entitled to access (to reasonably carry on activities under this Act, could provide the basis for a criminal prosecution of an offence. and where guilty you may be called as an accused person in the magistrates’ court against fines and potential Public Record.
- Loss of Rights and Remedies: You could also lose rights and remedies available to you, as any failure to act in accordance with the Act will weaken your position in any disputes and limit the options you would have had legally for resolving the situation.
It is important you understand what your requirements are under the Party Wall etc Act, in order to prevent conflicts with neighbours, avoid litigation and have a better construction process. A qualified building professional or legal guidance can assist you in understanding and meeting your obligations under the Act.
Please 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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📞 0203 576 0786 / 0777 3360033