What happens if my Neighbour ignores the Party Wall Act?
If your neighbour ignores the Party Wall Act, they are considered in default, and a party wall surveyor will be appointed to proceed with the work. They lose their say in the project, and legal action may follow if they try to stop it later.
What Happens If Your Neighbour Ignores the Party Wall Act?
If your neighbour ignores the Party Wall Act by not responding to the party wall notice you’ve served, this doesn’t stop the process from moving forward. After serving the notice, if your neighbour fails to respond within 14 days, they are considered to be in dissent by default. At this point, both parties must appoint a party wall surveyor, or a single surveyor can be appointed to represent both sides.
The surveyor will then draft a Party Wall Award, which outlines the terms of the proposed work, ensuring that your project can proceed legally while also protecting the interests of both properties.
Ignoring the Party Wall Act can also lead to legal consequences for your neighbour. They lose their chance to have a say in how the work is conducted, as the surveyor will make impartial decisions on their behalf. Additionally, if they try to stop the work after ignoring the notice, they may face legal action to enforce the terms of the Party Wall Award.
By following the Party Wall Act, you not only avoid disputes but also ensure that your project complies with legal requirements, while providing proper safeguards for any potential impact on neighboring properties.
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
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