What Can Happen If You Fail To Serve A Party Wall Notice?

• Published date: 15 August 2023
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Arbitration & Dispute Resolution, Trials & Appeals & Compensation, Conveyancing, Real Estate
• Law Firm: Thomson Snell & Passmore
• Author: Elizabeth Coke
• topic: Construction Law,Civil Procedure,Real Estate

The recent Court of Appeal Case, Power & Kyson v Shah [2023] EWCA Civ 239 confirmed that adjoining owners can only rely on the Party Wall Act where the building owner wishing to do works has served notice under the Party Wall Act (the Act).

Both the building owner wishing to do the work and adjoining owners, whose property is affected by the works, will potentially lose out if the appropriate party wall notice is not served.

What is the Party Wall Act?

A building owner wishing to work on a party wall (or generally speaking a wall/structure shared with their neighbour) or excavate near an adjoining neighbour's wall should serve notice on their neighbour under the Act. This notice initiates a procedure enabling their neighbour to agree to the proposed works before they are carried out. This procedure provides a mechanism for resolving disputes including appointing surveyors to make awards and to determine how any works are carried out.

Click here to the Government's explanatory note on the Party Wall Act.

The Facts of Power & Kyson v Shah

In this case the building owner, Mr Shah, did...