party wall act

[in2minds]

I've already started work on the cellar (on 04/11), when the BCO came one of the things he said was that I should have gained party wall consent at least 14 days before commencing. I've just got one neighbour to complete a consent letter (I downloaded them from the net), which I got them to back date to 04/11, and will see the other neighbour tomorrow. Do you think the BCO will be happy with that ?

LJ

[tim]

AIUI the BCO's advice was just that. He does not enforce the Party Walls act, nobody does. It's a damp squib that you are supposed to comply with but which doesn't have any sanctions for non-compliance.

But I suppose that there must just be some significance for basements that is different to other walls.

tim

[Peter Crosland]

Actually it is two months not weeks. A full explanation is here

you don't follow the rules then when you come to sell the property you could have a problem. The current form you will be asked to sign will certify that all work has been done according to the rules as far as building control planning etc.

[dg]

The BCO has no authority in PW matters.

And the PWA is not legally enforceable, with no penalties if you choose not to follow it.

If you have already started then you may as well carry on without it. If you send out the notices, then you will have to stop work and wait for the replies, and if a dispute arises then you will be paying all the surveyors fees.

dg

[Tony Bryer]

But AIUI if you are start work without the requisite notice the adjoining owner can apply for an injunction and costs will be awarded against you. IANAL

[dg]

building owner. The neighbour could apply for an injunction, but there is no guarantee that it will be granted or costs awarded.

The injunction route is rarely used by domestic owners, cost and ignorance of this option is the main reason.

dg

[Tony Bryer]

IANAL but I would have thought that if an act says that before doing some work you have to serve a notice ... then an affected adjoining owner would be bound to get said injunction or so ISTM. Mr Prescott agrees :

"What do I do if my neighbour starts work and I have not received a Party Wall Act notice?

The Act contains no enforcement procedures for failure to serve a notice. However, if your neighbour starts work without having first given notice in the proper way, you may seek to stop the work through a court injunction or seek other legal redress. You may wish to take professional legal advice before commencing such action."

unless you could show that their action was frivolous - which would be pretty unlikely in a case like this - then I cannot see that the costs would not fall on the responsible party.

Years ago, when the party wall provisions we all now have only applied in inner London I did the plans for works to a mews house in Notting Hill and of course told my client about the necessity of serving a party wall notice. He decided to risk it. 7.00p.m. one evening a courier turned up with a letter being sent to him, me, the builder etc saying that if work did not stop forthwith he would seek an injunction. IIRC the adjoining owner was a golfing pal of a senior partner in Jones Lang, so you can guess who he appointed as his surveyor ... ££££