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Nutt v Podger and Veda Road Ltd (2021) - no notice, nuisance and the cost of cracking on

Nutt v Podger and Veda Road Ltd is a strong warning against the "just crack on" approach to notifiable works.

Overview

Nutt v Podger and Veda Road Ltd is a strong warning against the "just crack on" approach to notifiable works.

The case shows how missing party wall notices can become much more than a surveyor issue. They can become a court issue.

What happened

Works were carried out affecting the party wall and roof area without proper notice. The adjoining owners complained about nuisance, debris, noise, disruption and wider loss of protection under the Act.

The court was asked to deal with the consequences after the works had already caused difficulty.

The decision

The court found that the adjoining owners had been disadvantaged by non-compliance and awarded damages under several heads.

The case is also discussed because the court sought to push the parties back toward a party wall solution, including the appointment of surveyors. Later authority has made the "no notice, no Act" point more difficult, so this aspect should now be treated with care.

Why it matters

Written notice matters. Verbal notice or neighbourly awareness is not the same as complying with the Act.

Site behaviour also matters. Noise, debris, fire risk and disruption can create liabilities separate from the party wall process.

Practical lesson

Serve notice before notifiable works start.

Keep the works controlled, safe and tidy.

Do not assume the absence of a party wall award means the adjoining owner has no remedy. It may simply push the dispute into court.

Takeaway

Ignoring the Act rarely saves money. It may remove the cheap statutory route and replace it with court risk, nuisance claims and damages.

Disclaimer. This article is for general information only and is not legal or professional advice. It is not tailored to any specific property, project or dispute, and the law and its application can change. Always seek advice from a suitably qualified professional before taking action. Coburns Party Wall accepts no liability for action taken in reliance on this article.

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