Illegal Party Wall Works

We provided advice to a homeowner of a terraced house who was concerned that extensive works were being carried out to the adjoining property without notice being served under the Party Wall etc. Act1996.

The works to the neighbouring property included internal alterations, a loft conversion and rear extension, removal of internal chimney breasts attached to the party wall and also removal of part of the shared chimney stack to enable the construction of a full width dormer window.

Our works included carrying out a detailed inspection of our client's property and preparing a Schedule of Condition. We also provided advice upon the implementation of the Party Wall Act etc. 1996 and options for taking legal action to stop the works. Our client also sought legal advice and the matter was settled out of court.

This project was an example of a situation where an adjoining property owner commences works without having regard to the procedures set out in the 1996 Act. When faced with this situation a homeowner should take advice at an early stage as they may have to take legal action to force compliance with the 1996 Act.

A person proposing to carry out works falling under the 1996 Act has certain responsibilities towards all adjoining owners affected by the proposals. Initially Notices must be served in good time setting out the works and surveyors need to be appointed if there is dissent. If these procedures are not followed the adjoining property owner may have to apply to the courts for an injunction.

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