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Knowledge base · Case law

Power and Kyson v Shah - no notice, no Act

Power and Kyson v Shah is now one of the most important modern party wall cases.

Overview

Power and Kyson v Shah is now one of the most important modern party wall cases.

The principle is blunt: no notice, no Act.

The question

Can the Party Wall etc. Act 1996 be invoked retrospectively where works have already been carried out and no notice was served by the building owner?

The decision

The court said no. Without a building owner's notice, the Act is not engaged in the way required to give surveyors jurisdiction to make a statutory award.

An adjoining owner cannot unilaterally create a retrospective party wall process after the event.

Why it matters

This narrows a practical route that some surveyors used to resolve messy post-work disputes cheaply.

If works are carried out without notice, the adjoining owner may be pushed toward common law routes such as trespass, nuisance, negligence or an injunction, rather than a normal statutory award.

For building owners

Serving notice remains the sensible and cheaper route. If you do not serve notice, you may lose the protection and structure of the Act and expose yourself to court proceedings.

For adjoining owners

If notifiable works start without notice, act early. Delay can reduce practical options and make the dispute harder to control.

A prompt letter, proper evidence and early advice are usually more useful than waiting until the works are complete.

Takeaway

The Act does not automatically rescue non-compliance after the event. If the works are notifiable, serve notice before starting.

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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