What if I fail to comply with the Party Wall Act? Can a Party Wall Notice be served retrospectively?

It is not in your interests to avoid compliance with the Party Wall Act. Should any damage occur to neighbouring property that can be attributed to the works, it is incumbent on the building owner to fix it and pay for the repairs. The onus of proof that the damage was caused by the works also sits squarely on the shoulders of the building owner, rather than the neighbour. It wouldn’t be the first time that a neighbour claims that cracks have occurred as a result of the works and that is far harder to disprove if a Schedule of Condition was not carried out prior to works commencing.

Neighbours cannot prevent work from starting or deny access for you or your contractors if you comply with the terms of the Party Wall Act and the Agreement.

However, if you fail to comply with the Act, then your neighbour is entitled to take legal action against you

What if I fail to comply with the Party Wall Act?
Neighbours cannot prevent work from starting or deny access for you or your contractors if you comply with the terms of the Party Wall Act and the Agreement. However, if you fail to comply with the Act, then your neighbour is entitled to take legal action against you. An injunction can be issued to prevent any further work from taking place until such time as an Agreement is in place. The legal cost of this injunction would fall to you. Neighbours may also seek compensation to redress any losses they have suffered as a result of the works, and worst-case scenario is that a requirement can be sought to remove the work. Unfortunately, Party Wall Notices cannot be served retrospectively, i.e. once the work has been done. There are, of course, circumstances where plans and works need to change…if you have complied with the Agreement then you should be able to simply submit revised drawings and details to your neighbours without having to serve a new notice or renegotiate the Agreement. The Agreement does not override the need for other consents or amendments to other consents, such as planning permission or Building Regulations consent, so always worth checking with your Planning Office and Building Inspector. Whilst compliance with the Party Wall Act undoubtedly incurs a cost, the fees and time are considerably less in the long run than those which could be incurred without it.

We are party wall specialists

We are party wall specialists with over 15 years experience in the industry. We are based in Thames Ditton, Surrey and operate throughout Surrey and South West London. We hope this has been useful. If you have any questions please contact us at: partywall@whiteandlloyd.co.uk

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