In this blog, we will clarify what a party Wall Injunction is, and explain how it can be a useful tool for any adjoining owner.
What is an Injunction/Party Wall Injunction?
An injunction is a court order requiring a person to do or cease doing a specific action, in the case of a Party Wall Injunction. This would refer to an Adjoining Owner attending court and seeking an Injunction against the Building owner’s works due to not following Party Wall procedures. I.e. Not serving Party Wall Notice prior to commencing works.
How will this apply to Party Wall work?
Within the Party Wall etc. Act 1996, Certain types of construction work will be governed. The most common are:
- Front, side and rear extensions
- Internal structural works
- Loft extensions
- Basement excavations
If you would like to find out if your neighbour’s work falls within the remit of the Party Wall Act we would suggest speaking to one of our Party Wall Experts.
It’s worth noting, if you are granted a Party Wall Injunction, you may never fully recover your costs. Generally speaking including professional legal fees, this could range between £500- £4000. You can also be held accountable for the construction delays of a building owner, should it be found that your injunction is incorrectly obtained. Here at Icon Surveyors, we recommend speaking with one of our experienced and highly qualified Party Wall Experts, prior to proceeding to the courts.
We will be able to clarify if there has been a breach in relation to the Party Wall etc. Act 1996, in turn, will save you the time and cost of applying for a non-applicable Party Wall Injunction.
If you would like to discuss obtaining an injunction, or have any other Party Wall related questions, give our Party Wall team a call on 020 7493 9087 and they will be happy to assist.