There may not be a penalty for not issuing a PW notice but if your work has caused damage to a neighbours property you will be sued to put the damage right , what if the damage was already there BEFORE you started your work how do you prove it ??
Replacing a fence with a brick wall
- Thread starter jaguar1
- Start date
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You are liable under common law for any damage you cause to a neighbours property. This is outside of the PWA and has nothing at all to do with it. The onus is on a claimant neighbour to prove the damage was caused by your work, not for you to disprove it
The PWA only applies to work yet to be begun, and there is no come-back at some later date if you did not follow the PWA.
If the proposed work was a party fence issue, then that would come within the PWA and you should issue a notice. But this is not a party fence issue, not a party wall issue and so the Act does not apply.
ITS A BOUNDARY WALL, NOT A PARTY WALL NOT A PARTY FENCE WALL
The PWA only applies to work yet to be begun, and there is no come-back at some later date if you did not follow the PWA.
If the proposed work was a party fence issue, then that would come within the PWA and you should issue a notice. But this is not a party fence issue, not a party wall issue and so the Act does not apply.
ITS A BOUNDARY WALL, NOT A PARTY WALL NOT A PARTY FENCE WALL
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