In article , Dg wrote:
I was not aware that costs will be automatically awarded
against the building owner.
The neighbour could apply for an injunction, but there is no
guarantee that it will be granted or costs awarded.

IANAL but I would have thought that if an act says that before
doing some work you have to serve a notice ... then an affected
adjoining owner would be bound to get said injunction or so ISTM.
Mr Prescott agrees g:

"What do I do if my neighbour starts work and I have not received
a Party Wall Act notice?

The Act contains no enforcement procedures for failure to serve a
notice. However, if your neighbour starts work without having first
given notice in the proper way, you may seek to stop the work
through a court injunction or seek other legal redress. You may
wish to take professional legal advice before commencing such action."

http://www.odpm.gov.uk/stellent/grou...600574-04.hcsp

And unless you could show that their action was frivolous - which
would be pretty unlikely in a case like this - then I cannot see
that the costs would not fall on the responsible party.

The injunction route is rarely used by domestic owners, cost
and ignorance of this option is the main reason.

Years ago, when the party wall provisions we all now have only
applied in inner London I did the plans for works to a mews house
in Notting Hill and of course told my client about the necessity
of serving a party wall notice. He decided to risk it. 7.00p.m.
one evening a courier turned up with a letter being sent to him,
me, the builder etc saying that if work did not stop forthwith he
would seek an injunction. IIRC the adjoining owner was a golfing
pal of a senior partner in Jones Lang, so you can guess who he
appointed as his surveyor ... ££££

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