Can I ignore the Party Wall Act?
Ignoring the Party Wall Act can lead to legal disputes, project delays, and financial liabilities. The Act ensures that property owners notify neighbours before any work affecting a shared wall or boundary begins. Failing to comply can result in costly repairs, legal action, and halted construction. Following the Act helps avoid conflicts and keeps your project on track.
Why Ignoring the Party Wall Act Can Lead to Costly Consequences
Ignoring the Party Wall Act is not advisable, as it can lead to serious legal and financial consequences. The Party Wall Act 1996 is a legal framework that protects the rights of both you and your neighbours when you plan construction or renovations that affect a shared wall, boundary, or structure.
Failing to serve a proper Party Wall Notice before starting work can result in disputes, and your neighbour has the right to seek an injunction to stop the work until the legal process is followed. Additionally, ignoring the Act could leave you liable for any damage caused to your neighbour’s property, which could result in costly repairs and compensation claims.
The Party Wall Act does not grant shared ownership of the wall, but rather shared rights and obligations. For example, both property owners must agree on construction work that affects the party wall, such as adding an extension or modifying the wall’s structure.
Even though one side of the wall might physically belong to one owner, the other owner still has legal rights over how it is used and maintained. In this sense, a party wall is about mutual rights and responsibilities rather than shared ownership in the traditional sense.
Director
Laurence Murrin BA (Hons) MRICS MFPWS
Director
Laurence Murrin BA (Hons) MRICS MFPWS
Director
Chris Belton BSc (Hons) MRICS
Director
Chris Belton BSc (Hons) MRICS
Director
Dan Griggs BSc (Hons) MRICS
Director
Dan Griggs BSc (Hons) MRICS
Director
Joe Bennett BSc (Hons) MRICS
Director
Joe Bennett BSc (Hons) MRICS
You are undertaking building works
- Check whether the Party Wall etc Act 1996 applies to your project
- Talk to your neighbours early, before serving Notice about your work. Keeping your Adjoining Owners (neighbours) informed
- Make sure your Notice is served properly, or else it will be invalid
- Serve Notice with plenty of time
- Don’t be tempted to start work until you have an agreement / Party Wall Award in place.
Received a Party Wall Notice? - We can help
- Most Adjoining Owners worry that their property will be damaged by the building works.
- Our role is to try and ensure that this does not happen by looking in detail at the proposals and designs and arranging proper working methods.
- Adjoining Owners are entitled to have their surveyor’s reasonable fees paid by the Building Owner.
- The fees must be both reasonable and justifiable.
Benefits of Hiring a Party Wall Surveyor
Engaging with a Party Wall Surveyor allows you to:
- Prevent delays getting agreements in place
- Receive expert advice
- Prevent legal disputes
- Record the condition of neighbours’ property prior to the works – preventing claims for damage
44 Pear Tree Street, Islington
16 Mortimer Street, London
9-10 Great Sutton Street EC1
highly regarded by some key clients
