Non-compliance with the Act ususally means that work starts without a Notice being served. It can have serious consequences for the Bulding Owner, but these can depend on the actions taken by the Adjoining Owner(s).

The Adjoining Owner can take legal action.

If the work is being done, and hasn't finished.

 

The Adjoining Owner(s) may:-

 

• Apply for a Court injunction to stop work until the Party Wall Act procedures are complied with;
  • If the injunction is granted, not to comply is contempt of Court, and can result in a fine, imprisonment, or both;

 

If the work has finished.

 

The Adjoining Owner(s) may:-

 

• Apply for a Court order to restore their property to its physical form before the work was undertaken, if the works had been completed while the Adjoining Owner was absent, or if they had failed to obtain a stop injunction in time;
  • If the Court requires demolition, the result may be a fine for every day the order is not complied with;
  • Alternatively the Court may award monetary compensation;
  • in either event there would be an obligation to pay Court costs and legal fees.

 

• Sue for compensation for damages to their property.

Since damaging a property without lawful excuse is a criminal offence, it is possible that criminal sanctions could be applied. The Act only confers rights to do building works to an Adjoining Owner's property, with their consent, or as determined by an award of Surveyor(s).