1-1 of 1 results for subject:Injunctions
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To ask the Secretary of State for Levelling Up, Housing and Communities, what assessment his Department has made of the (a) average legal costs of pursuing a civil court injunction to enforce compliance with the Party Wall Act 1996 and (b) extent to which those costs prohibit homeowners from reaching...
To ask the Secretary of State for Levelling Up, Housing and Communities, what assessment his Department has made of the (a) average legal costs of pursuing a civil court injunction to enforce compliance with the Party Wall Act 1996 and (b) extent to which those costs prohibit homeowners from reaching...
Anyone intending to carry out any of the works mentioned in section 2 of the Party Wall Act 1996, must inform all adjoining owners. The Act contains no enforcement procedures for failure to serve a notice. If work starts without a notice being given, an adjoining owner can seek to stop the work through a court injunction or seek other legal redress.
The Department has not carried out an assessment of the average legal costs of pursuing a civil court injunction to enforce compliance with the Act or the potential merits of amending the Act. The Act provides for surveyors to be paid the reasonable costs of drawing up an award. However, if the building owner or the adjoining owner feels that a surveyor’s costs are unreasonable, they may ask for a breakdown of costs, e.g. the hourly rate and number of hours of time being charged for.