In one of the most important decisions made under the Party Wall etc. Act 1996 for many years, the High Court has today given judgment in the case of Shah v Power and Kyson. In giving his decision Mr. Justice Eyre confirmed that where works to which the Act relates have been carried out but without any notice first being served, the Act cannot be unilaterally applied and surveyors have no jurisdiction to make awards. The adjoining owner’s remedies for any loss or damage caused therefore remain to be pursued at common law, and not under the Act’s dispute resolution procedures found in section 10. In short, No Notice, No Act.
At HSA Surveyors we provide party wall advice and services throughout St Albans, Hertfordshire and London.