We won’t beat around the bush. If you’ve started construction that involves a shared wall, not notified the adjoining owner and just realised that you are legally obligated to under the Party Wall Act (1996), then you must take immediate steps to rectify the situation.
It’s reported that approximately 50% of property owners fail to serve a party wall notice before beginning work on a shared wall. Failure to serve notice is a legal oversight that could result in serious consequences.
Many homeowners may not be fully aware of the Party Wall Act 1996 (in the UK) and fail to serve proper notice to their neighbours before starting work. This lack of awareness can lead to disputes that might otherwise have been avoided.
The Party Wall Act requires anyone intending to carry out notifiable works or changes to a party wall, building on or at the boundary line, which includes excavating near the property, to serve a formal notice.
The adjoining owner could apply for an injunction to stop the work until the matter has been resolved, leading to costly delays.
You might be held liable for damage to the property caused during the construction period. Proving that your construction works did not cause the damage could be difficult without a prior survey or photographic evidence.
If legal action is taken, you might be held accountable and liable for the adjoining owner’s legal costs.
Among party wall disputes that involve damage claims, about 70% are resolved amicably, with the property owner carrying out repairs or providing compensation, often under the supervision of a party wall surveyor.
Doing the right thing now that you’ve realised your mistake is essential, as it can prevent many problems later.
Mistakes happen, but since your construction has already started, you should immediately halt them. This will show good faith to the adjoining owner and might prevent further disputes and complications.
From here, you should send the necessary notice to the adjoining owner, acknowledging any oversight on your behalf and expressing your willingness to follow the correct legal procedures from here on out.
Once you’ve served the notice, the adjoining owner can either consent to the work, request modifications or dissent.
If the adjoining owner dissents from the work, a party wall surveyor should be appointed to resolve the issue and ensure that all parties’ rights and responsibilities are clearly defined. Appoint one.
