The vast majority of people have at this point achieved the level of tolerance necessary to live with the enhancements that were put into place during the lockdown period. Some property owners find out after they have already begun or finished the work that they did not comply with all of the legal requirements, which leads to legal complications as a result of their actions. This may take place either before or after the task at hand has been finished.
WHAT EXACTLY IS THE PREVENTIVE WELFARE ACT OF 1996?
Because of the Party Wall Act of 1996 (PWA 1996), which was enacted in 1996, residents of England and Wales have the legal right to construct party walls, boundary barriers, and excavate near the buildings of their other neighbours. This right was granted by the government in 1996. The implementation of this regulation was necessitated by the realisation that the construction of party walls can be detrimental to the structures that are located nearby and can disrupt the normal usage of a property. As a result of these realisations, this regulation was put into effect. Party Wall Croydon
People often believe that if they obtain planning permission or approval from Building Control, they are exempt from the requirements of the PWA 1996 and do not need to comply with those requirements. This is a common misconception. On the other hand, this is not the situation. People are obligated to continue adhering to the PWA 1996. You are still required to comply with the PWA in its current written form, even if you do not get planning permission or approval from Building Control. This is the case even if you do get either of those approvals.
PWA 1996 PROCESS
The provisions of the Act state that it is the responsibility of the owner of a building who intends to begin renovations that fall within the scope of the Act to provide notice to the owners of any properties that lie adjacent to the building. These renovations must be in compliance with the provisions of the Act. It is different for each and every job. The completion of the work is dependent on whether or not the owners of the properties that are adjacent to it give their blessing. In the event that consent is not obtained, each owner has the right to hire a Party Wall Surveyor in order to come to an agreement regarding the manner in which the work will be carried out as well as the costs that will be incurred as a result of it. This can be done in order to avoid a dispute between the two parties. The agreement will be summed up in the form of an award, which will be referred to as the Party Wall Award when it is complete.
An adjacent property owner is not able to prevent a building owner from exercising their Act rights; however, they do have some say in when and how work is performed. A building owner is not able to prevent an adjacent property owner from exercising their Act rights. It is impossible to prevent a building owner from exercising their rights under the act.
Building owners who are eager to begin construction but are unable to do so due to the requirements of the law are frequently irritated by the additional costs and time restrictions that are stipulated by the PWA 1996.
If the owner of a building refuses to comply with the regulations, what kinds of problems can they cause for themselves and for those around them?
Legal action could be taken against a building owner by an adjoining property owner in the event that the PWA 1996 was broken in any way by the owner of the building. A claim for private nuisance, trespass, or an injunction are all examples of possible legal actions that could be taken. An Adjoining Owner may still impose a penalty even though there is no predetermined penalty for failing to serve a notice even though there is no predetermined penalty. Watford Party Wall
INJUNCTIONS
Injunctions can be issued very quickly in order to halt construction until the Party Wall etc. Act is adhered to. This is possible. It is not impossible for something like this to happen (appointment of surveyors etc.). To disobey an injunction after it has been issued constitutes a criminal offence.
There is a chance that the Building Owner will be found responsible for the costs that are connected to the injunction. This is because the Building Owner was required to follow The Act and provide notice from the very beginning of the dispute. As a result, this situation has arisen. These costs also include the expenses that were incurred by the court and the attorney.
It is possible that the order to demolish the building will be given to the owner of the building in question.
PROPERTY DAMAGE
There are some scenarios in which going to court to get an injunction issued is not required to do anything. when a specific task, such as that of a building owner, for example, has been finished. It is possible for the owner of the property that is adjacent to the building to file a claim for compensation due to the failure of the owner of the building to provide notice. This would be the result of the owner of the building failing to provide the owner of the adjacent property with notice. If a neighbour claims that they have been harmed as a result of the actions of a building owner, then that neighbour has an obligation to provide evidence to support their claims. If there is not a Schedule of Condition to compare the conditions of before and after the damage was done, then it will be very difficult, if not impossible, to determine the amount of damage that has been done. If there is a Schedule of Condition, then it will be possible to determine the amount of damage that has been done (a Schedule of Condition is typically included in a Party Wall Award).
Because there was a violation of the statutory obligation, the court is going to operate under the presumption that the Adjoining Owners’ claim is accurate, unless it can be demonstrated that the opposite is true. This is because there was a breach in the statutory obligation.
NEGLIGENCE
In the event that the owner of a building discovers that they have begun or completed building work in accordance with the PWA 1996 but have not complied, they should seek the assistance of a Party Wall surveyor and/or a professional attorney in order to rectify the situation. In the event that the owner of a building discovers that they have not complied with the PWA 1996, they should also seek the assistance of a Party Wall surveyor.
The fact that a building owner is unable to serve notice on the owner of an adjoining property may, in actuality, be the result of the building owner’s simple carelessness. It is necessary for the owner of the building that is adjacent to your property to speak with the owner of the building and request that they stop working and follow the appropriate procedures. This can only be done by the owner of the building that is adjacent to your property. However, it is possible to reach an agreement with your neighbour to follow the same approach as the Party Wall Act, even if the Act does not apply when the works have already been completed. Although it is not possible to enter into a Party Wall Award after the fact, it is possible to reach an agreement to follow the same approach as the Party Wall Act. In spite of the fact that the Act does not govern the situation any longer because the works have been finished, this is something that can still be done. The initial step that the surveyor is going to take is to conduct an inspection of the work that has already been finished. The owners of the building are the ones who are responsible for hiring and compensating the surveyors. After this phase of the project is finished, it is strongly suggested that a surveyor be contacted so that it can be determined whether or not the finished work poses a threat to the property of the neighbour, and so that a list of any necessary repairs can be compiled. It is hoped that the owner of the building will consent to the necessary repairs being made to the building.
EXTENDED WORKS
In the event that a Building Owner complies with the Act, but the building works exceed the party wall award and cause loss or damage to the Adjoining Owner, the Building Owner may be sued for trespass or nuisance. In the event that the Building Owner complies with the Act, but the building works exceed the party wall award and cause loss or damage to the Adjoining Owner. In the event that the Building Owner complies with the Act, but the building works exceed the party wall award and cause loss or damage to the Adjoining Owner, the Building Owner is responsible for compensating the Adjoining Owner. In the event that a Building Owner does comply with the Act, however, the building works do not exceed the amount that is awarded for the party wall (as above).
APPEAL
Within ten days of receiving the final Award, an Adjoining Owner has the right to contest the Award if they believe that the Award violates the Party Wall Act. This right gives them the opportunity to challenge the Award. Because they have this right, they are able to do so.