Decisions Decisions

So we all know just how important it is to abide by the law and yes that does include abiding to the Party Wall Act, it is an Act that has been designed to enable works to proceed but in consideration of neighbouring structures, so why do so many of us ignore it? Perhaps it is because we simply are not aware of its existence and that is something that we are aiming to change at Party Wall Services. We are hopeful that through active campaigning with Local Authorities the general public will become more ofey with the Act and that less cases where neighbours fall out as a result of negligence of the building owner to serve notice occur.
We are also keen to encourage building owners to take responsibility for the service of notices as in many cases the works intended simply do not need for the full extend of the Act to be implied, for instance where a small repair to a garden ‘party fence wall’ is required and both neighbours agree. In cases such as these would urge the building owner to serve the appropriate notice themselves by using our notice generator.

Unfortunately however this is just the beginning!!

So what happens if a building owner serves a notice correctly and the adjoining owner consents to the works? That’s the end of it right? Wrong, or at least it could be wrong! If damage is incurred the Act is re-invoked and a dispute can arise, despite consent having been given in writing! That is not to say that adjoining owners can change their minds at a whim but it does then offer protection to adjoining owners that suffer loss or damage as a result of works undertaken by their neighbour. In the case of Onigbanjo v Pearson [2008] that is exactly what happened and the court awarded that the building owner not only carry out repairs but also pay the fees of both surveyors involved. The adjoining owner appointed a surveyor who attempted to negotiate with the building owner but whom refused to accept that the adjoining owner has a right to change his mind. This then resulted in the appointment of another surveyor under Section 10 (4). The judge awarded that both sets of fees were payable by the building owner.

So a lesson learned, consent can be a double edged knife where things don’t go according to plan, so perhaps there is a benefit, even where works appear simplistic to enter into an award, this way all parties are fully aware of their responsibilities and what to do if something goes wrong!

The most important thing is to always be aware of your rights and obligations. If you are unsure, ask a professional. At Party Wall Services we are here to help so if a query arises, check it out… Contact us for free!!