05/12/2021
DO I NEED TO SERVE PARTY WALL NOTICES?
The short and quick answer to this question is an emphatic YES YES YES, if you want to avoid heavy fines, costs and delays in your building project or works.
• The building owner or property developer is legally required to serve party wall notices when executing notifiable works, either one month or two months before starting any works on site.
A failure to serve the relevant party wall notices can be very costly. The prompt for this post or article is I have had several enquiries and appointments by owners or property developers who have failed to serve Party Wall Notices and have started works in breach of party wall legislation and regardless of their legal responsibilities.
In two or three cases, this has led to the building owners having to stop works because of legal action via injunction or because of the threat of legal action. In some cases, this has meant heavy fines and costs from court fees, the loss of building contractors', and significant delays in the development.
FAILURE TO SERVE PARTY WALL NOTICES
I would like to draw your attention to a recent court case (NUIT V PODGER Case No G20CL071) where the building owner started working without the service of Party Wall Notices'; as required under the Party Wall etc. Act 1996.
Consequently, the building owner suffered a heavy fine £3,950.00 which consisted of.
• A £450 fine in respect to physical damage to the adjoining neighbour's property.
• A £750 fine in respect to wrongfully depriving the adjoining owners the protection of the 1996 Act and in respect to unlawful trespass.
• A £500 fine in respect of nuisance.
• A £2000 fine in respect to working outside of hours i.e. working beyond 1 PM on Saturday, Sundays and Bank holidays over a period of five months.
• A £250 fine in respect to debris falling into the adjoining owner's property.
Whilst this compensation appears to be a large amount it does not include the legal costs which the building owners were also requested to pay. These legal costs could quite easily exceed £20-£30,000.
I was in a court case many years ago where the judge fined the building owners for not serving notice, the sum of £8000, and again this did not include any legal costs incurred by the party.
SEVERAL THINGS YOU CAN DO TO AVOID ANY LEGAL COSTS OR LEGAL ACTION.
1) FIRSTLY, SERVE THE RELEVANT PARTY WALL NOTICES IN GOOD TIME:
This may well be one or two months prior to the start of works on site; however, I would recommend allowing 10 to 12 weeks in case of a party wall dispute; this should give reasonable time for surveyors to resolve the dispute via the Award process.
2) EMPLOY A GOOD ARCHITECT OR ARCHITECTURAL DESIGNER:
Make sure your Designer or Architect understands the party wall legislation. One of the biggest causes of legal action or injunctions is IGNORANCE. Your professionals must guide you; however, if your Architect or Designer is ignorant of the relevant legislation, you will receive poor guidance and fall foul of any legal legislation.
I can't tell you how many times I have heard a building owner tell me that their architect/designer has told them to ignore the party wall legislation. You must ask your architect/designer questions before you employ them as a failure to implement the Act, as I have already mentioned, can be very costly.
3) GOOD COMMUNICATION WITH YOUR ADJOINING NEIGHBOURS:
Poor communication is one of the biggest causes of dissent or dispute with your neighbours. I would advise sharing your plans and hopes with your neighbours; they may not agree with your proposed project, but at least they will be informed, and this should help prevent any bad blood or poor long-term relationships with your adjoining neighbours.
4) DON'T TRY TO AVOID OR SIDESTEP THE PARTY WALL LEGISLATION BECAUSE OF COSTS:
Investing in or developing your property is one of the most important decisions you are ever going to make, so be prepared to pay the necessary fees.
These fees will include, planning as and where necessary, Building Regulations and Party Wall Legislation. Each of these responsibilities has costs that you need to build into your development budget and should be considered normal fees associated with your proposed project or development.
Obviously, I could make many other recommendations, but I don't want to make my post too long; however, I am available for consultation if you wish to discuss any issues or up-and-coming projects. Please do not hesitate to contact me on either my email or mobile number.
If you've enjoyed this post or if you found this post relevant, I would be grateful for any feedback.
Nigel Lassetter
Manor House Surveyors