For example, it might have been necessary to serve a party wall to demolish a structure next to a party wall. If, for whatever reason, this has not happened, a disclosure of the party can always be used for new foundations if their position and depth mean that the law applies. While non-compliance is not a crime, your neighbours can take civil action against you and issue an injunction to stop the work until a contract to strengthen the party is concluded. This delays your project and will probably increase your costs – your contractor may ask for compensation for the time he cannot work, or start another job and not return for several months. You can use this letter from the HomeOwners Alliance to send it to your neighbors. Often hidden about the rules for building information and permits or on a drawing, there is a word to say “The consent of theWand party is necessary”, but then what? Okay, so you`re building, but you just found out that a party wall is being hit – what`s going to happen next? Well, the first thing to do is to stop building. Then you have to report it and see if your neighbor agrees with what you are doing. If not, you must take a surveyor to contribute to a party wall agreement. If this is not the case, other households may take legal action. If the loss of light is small and can be properly compensated financially, the court may award compensation in lieu of a referral order. However, if you have built without regard to your neighbour`s right to light and have found that they have violated their right, the court has the power to have the building modified or removed at your expense.
We also discussed the basics of party walls in another advisory article, so if you haven`t read it yet, we recommend you start there! Part 3 of the 1990 Environmental Protection Act requires a municipality to investigate complaints about residents` legal nuisance. These include complaints about noise and dust caused by construction work when it interferes with the use or enjoyment of their premises or harms their health. However, to protect yourself, we recommend using a surveyor with at least five years of professional legal competence. At Resi, our Connect service can introduce surveyors near you, which our team has personally verified, eliminating the risks associated with using an unserious dealer. If a new party fence wall is built, the two owners share the costs. However, if this wall is built on your land, then all costs fall on you and it becomes your property, so that your neighbor has no right to it. The courts have not taken into account the owners who continue to work without notice and damage a neighbour`s property. In one notable case, known as Roadrunner Properties Limited v.
John Dean, the judge stated that the owner should not be given any advantage because he did not meet the legal requirements. In this context, he decided that the contractor should be responsible for rebutting a link between injury and work, rather than the other way around, which would be the normal position in the common law.