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If a neighbour (or their solicitor/surveyor) has mentioned a Party Wall injunction, it’s easy to panic.
The good news is that injunction risk is usually avoidable with prompt, practical steps - especially if you act early and keep communications professional. This article explains what a Party Wall injunction is, why it matters, and what to do next.
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To protect your property and ensure a fair process, it's important to choose a party wall surveyor who is not driven by fees alone. Here are some tips to help you make the right choice:
Where a building owner, without written consent or a valid award (statutory authority) carries out (or is about to carry out) work they may trespass, cause nuisance or breach their statutory duty. In such cases, an adjoining owner may consider obtaining an injunction.
In an ideal world, neighbours would simply trust each other in the knowledge that everyone always does the right thing. In the real world trust can be difficult to establish, sometimes for good reason. Everyone knows someone with a story to tell.
From time to time a dispute may arise between the parties. Either party may call upon the surveyors to settle such a dispute by way of an award.
Below we outline the process we ask the parties to follow when referring a matter to the surveyor. Although not a particularly common occurrence, building work can cause damage.
Understandably, most owners are unfamiliar with how to assess the scale of the damage and so their immediate reaction is one of great concern. Aesthetic - Only requiring redecoration 0 - Hairline cracks less than 0.1mm. No action required. Hairline cracks are classed as negligible.
It is expected that any engineer taking on the role of advising engineer has a good understanding of the requirements of the Party Wall Act etc. 1996 and their own broad experience in designing projects similar to those upon which they are being asked to advise.
The Question How can you decide whether or not you should consider appealing an award?
This note is intended to provide guidance to assist you in making a decision. Step 1. ASSESS THE WORK
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