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?
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