What is a Party Wall Injunction?
The Party Wall etc. Act 1996 requires that a Building Owner serves a Party Wall Notice upon their neighbour/s (the adjoining owners) when intending to carry out notifiable works.
Where the Party Wall Procedures have not been followed, an adjoining owner may seek to apply for an injunction (also known as a Party Wall Injunction) which is a court order telling a party to do something or to stop doing something.
Alongside the injunction, an adjoining owner may seek damages and/or compensation if any damages were caused. Where a Party Wall Injunction is the desired course of action, it is strongly recommended that an Adjoining Owner seeks legal advice.
It is crucial for a Building Owner to meet all their obligations pursuant to The Party Wall etc. Act 1996 as Judges are often sympathetic when dealing with claims made by Adjoining Owners who have not received appropriate Party Wall Notices from the Building Owner.
The court granted a Party Wall Injunction in the case of Udal v Dutton (2007), setting out the necessary conditions as follows:
That the balance of convenience favours an injunction
That the Damages are not an adequate remedy
That there must be a serious issue to be tried
So before you carry out any 'notifiable works' under the Act or deciding to take action against your neighbour, it is crucial to speak to a specialist Party Wall Surveyor or seek legal advice to know where you stand in respect of The Party Wall etc. Act 1996.
Our Party Wall Surveyors are experienced, qualified and trusted within the industry and will be more then happy to help you with serving notices, drawing up awards etc.