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The Legal Implications of Not Having a Party Wall Award in Place - Insights from Tayross Associates
Friday 22nd September 2023
Introduction:
At Tayross Associates, a leading building surveying consultancy specialising in party wall surveying, we understand the importance of compliance with party wall legislation. As a building owner preparing to start construction or renovation works, it is crucial to be aware of the legal implications of not having a Party Wall Award in place. In this blog post, we will explore the specific legal consequences that can arise without proper party wall agreements.
1. Breach of the Party Wall Act:
The Party Wall Act 1996 (or relevant legislation in your jurisdiction) sets out the legal framework for party wall matters. Failing to have a Party Wall Award in place constitutes a breach of this legislation. As a building owner, you are obligated to follow the procedures outlined in the Act to protect your interests and those of your adjoining owners.
2. Potential Disputes and Delays:
Without a Party Wall Award, you open the door to potential disagreements and disputes with your neighbours. Adjoining owners have the right to protect their properties, and without the necessary documentation in place, they may be more inclined to challenge your proposed works. This can lead to delays in your construction timeline, additional costs, and unnecessary stress for all parties involved.
3. Financial Liabilities:
Failure to have a Party Wall Award can expose you to financial liabilities. If your works cause damage to the adjoining property, you may be held responsible for the repair costs. Without proper agreements and safeguards in place, you may find yourself facing unexpected financial burdens.
4. Injunctions and Court Proceedings:
In the event of a dispute escalation, adjoining owners can seek injunctions to halt your construction until the matter is resolved. This can result in time-consuming and costly legal proceedings. Court proceedings may also be initiated, leading to further expenses and potential reputational damage for your project and your company.
5. Impact on Property Value:
The absence of a Party Wall Award can have a negative impact on the value of your property. Prospective buyers or tenants may be deterred by the potential disputes and legal risks associated with your property. Having a Party Wall Award in place demonstrates your commitment to following legal procedures, providing peace of mind to potential stakeholders and enhancing the marketability of your property. Also, technically any works carried out that are notifiable under the ACT but not legally notified could be deemed as illegal and bear the same consequences as building without planning or Building Control. Absence of such paperwork could cause problems when you come to sell.
Conclusion:
As a building owner, it is imperative to recognise the legal implications of not having a Party Wall Award in place before commencing construction or renovation works. By ensuring compliance with the Party Wall Act and obtaining the necessary agreements, you can mitigate potential disputes, protect your finances, and maintain positive relationships with your neighbours. At Tayross Associates, we specialise in party wall surveying and can provide expert guidance and support throughout the process. Seek professional advice to navigate the complexities of party wall matters effectively and ensure a smooth and legally compliant.
Contact:
Here at Tayross, Carl is a Chartered Senior Surveyor with experience in Planning, Building, Surveying and Party Wall related matters. He is happy help with any questions you may have regarding the above.
Please visit our 'contact us' page here for contact details - www.tayross.com/contact
Please visit our website here for more information - www.tayross.com
