Please note that this News item is not maintained, and reflects the law as at the date of publication or update.
Background
In the recent case of Shah v Power and another [2022] EWHC 209 (QB), the High Court considered whether a neighbour could impose a party wall award on a building owner where the building owner had carried out building works to a party wall but without formally invoking the Party Wall Act 1996. The Court concluded that without initiating the procedures under the PWA 1996, neither party could later rely on this legislation.
The background to the matter was as follows. Mr Shah owned a semi-detached property in Dagenham which shared a party wall with Mr and Mrs Panayiotou.
Mr Shah carried out works to his property in 2017 which Mr and Mrs Panayiotou asserted included the removal of a chimney breast. They alleged damage had been caused to their property. Mr Shah denied the works affected the chimney breast.
Mr and Mrs Panayiotou engaged party wall surveyors who took the view that the PWA 1996 applied. The surveyors proceeded to make a party wall ‘award’ under the PWA 1996 which required Mr Shah to make a payment of £4,630 to Mr and Mrs Panayiotou.
Mr Shah did not pay the sum in the award and so Mr and Mrs Panayiotou commenced proceedings in Sevenoaks Magistrates’ Court to recover the sum payable to them under the PWA 1996. Those Court proceedings were stayed when Mr Shah began a claim in the Central London County Court seeking a dismissal of the party wall award on the basis that the PWA 1996 did not apply because he had not served a notice under the PWA 1996 at the outset.
The County Court agreed with Mr Shah and dismissed the party wall award. The party wall surveyors who had made the award appealed to the High Court.
High Court’s decision
The High Court agreed with the County Court that the PWA 1996 could not be invoked unilaterally to regulate works which had already been carried out in circumstances where no notice triggering the provisions of the PWA 1996 had been served. Had Mr Shah served a PWA 1996 notice at the outset informing Mr and Mrs Panayiotou of his proposed works, then the PWA 1996 processes would have been available, and the surveyors would have been permitted to require Mr Shah to make a compensatory payment to Mr and Mrs Panayiotou. However, Mr Shah had wrongly believed that the PWA 1996 did not apply to his works and so he had not served a party wall notice before starting his works. This meant that the PWA 1996 was not triggered at all and could not be invoked to assist Mr and Mrs Panayiotou at a later date.
The fact that the dispute resolution procedures under the PWA 1996 were not available to Mr and Mrs Panayiotou did not leave them with no remedy for the damage which had allegedly been caused by Mr Shah’s works. However, their remedy would not be under the PWA 1996 – rather, they would have to bring a claim against Mr Shah for compensation in the County Court, or alternatively a claim for a Court order requiring Mr Shah to remove or modify his building works.
Take Away
There are advantages to anyone undertaking works to their property to initiate the procedures under the PWA 1996 right at the outset. A building owner can use the processes under the PWA 1996 to carry out works that would otherwise be a trespass. Moreover, not complying with the PWA 1996 can lead to Court proceedings, which are often very costly.
We strongly recommend taking advice from a party wall surveyor or solicitor when works to a party wall are contemplated, and certainly before any works commence.
Note that the PWA 1996 does not just apply to walls, but other party ‘structures’. Early advice as to whether works are caught by the PWA 1996 is essential. The procedures under the PWA 1996 are simple and will almost always ensure that both parties’ properties are adequately protected so that works can go ahead without needing to involve the Court.
Likewise, if you own a property and believe that your neighbour is contemplating works that may affect a party wall (or other party structure), we recommend that you seek the advice of a solicitor or party wall surveyor straight away, so that your neighbour can be notified of the requirements of the PWA 1996, in order to ensure that your property is protected. For more information, please contact Cathy Allen.
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