Failure to Serve Party Wall Notice

If you are a ‘Building Owner’, who is planning to instigate the building development works, the most severe sanction available under the Act is a Court injunction.

Court injunctions are actually very simpler to obtain and often you can request one at your local County Court by walking in and explaining the situation to the Court staff. A Judge will hear the case and grant an ex parte Injunction.

The matter will then progress to a full hearing normally at the Rolls building in the Strand. This could cost up to £30,000 and delay matters by 6-9 months. No work will be allowed to be undertaken until the hearing decides the outcome.

The injunction would stop any ongoing party wall works (and in all probability, the wider construction scheme as a whole) for an indefinite period, whilst the pertinent facts are investigated.

It would also increase the likelihood of substantiated claims, and allegations of damage, as there is less likely to be a point of reference (such as an up to date schedule of condition) if the Party wall process has not been followed.

Action of a full injunction can prove to be far costlier than following the statutory process in the first instance.

Legal cases have been reported where party wall Notices have not been served, prior to carrying out works.

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