BEEN THREATENED WITH A PARTY WALL (ACT) INJUNCTION?

What is a Party Wall Injunction?

A Party Wall Injunction is a Court order that (usually) instructs a building owner to stop their work until Party Wall procedures are put in place. An injunction will usually cause delay (months) and come with a claim for legal/Court costs (in the £1000’s).​

If you receive an (Party Wall) Injunction order but fail to follow it, you could be fined and possibly imprisoned. So, given the potential for very serious consequences associated with a Party Wall Injunction, early and decisive action is advised. ​

​What should you do to prevent a Party Wall Injunction?

Ideally, you will have your work assessed at the planning stage and serve the appropriate notice well in advance of your intended start date. 

If you are threatened with a Party Wall Injunction, our standard advice is that building owners should take immediate action to ensure that they meet all of their obligations under the Party Wall Act. 

Where the Party Wall Act 1996 (“the Act”) is applicable, a building owner should provide the appropriate Party Wall Notice to the relevant adjoining owners and accept they cannot start work until they receive the necessary consents, either from the neighbour or by way of an award. In doing so, the threat of a Party Wall Injunction will end.

​What if you make a mistake?

If an appropriate Party Wall Notice has not been served and you commence the relevant work, the Act has been breached. An adjoining owner may then choose to:

a) Take no action.
b) Claim damages/compensation through the Court should a subsequent dispute arise.
c) Come to an agreement with you to treat the work as if notice had been served.
d) Apply for a Party Wall Injunction.
(Or​ a combination of the above)

If your neighbour mentions a Party Wall Injunction you should take action immediately.
Slow action can lead to delays and additional costs. 

NOTE: Where a building owner has ignored or failed to properly follow the Act, judges can be sympathetic towards adjoining owners which could make a Party Wall Injunction more likely.

Need help?

If you have been threatened with an injunction, act fast and contact Party Walls Made Easy today. 

Our surveying team has a 100% success rate with preventing/defending injunction applications.