My Neighbour is Building but Hasn’t Informed Me About Any Work Taking Place. What Can I Do?

“Once building work begins, your neighbour has a duty under the Party Wall Act to avoid causing you unnecessary inconvenience, to protect your property from harm caused by the works, and to fix or pay for any damage that is caused.” Geoffrey Leaver Solicitors

Party Wall Notices must be served 1-2 months before work is due to commence (depending on which section of the Party Wall Act applies). If you’ve noticed scaffolding going up next door, your neighbour is already breaking up the patio to prepare for an extension, and you’ve received no formal Party Wall Notice, it’s time to take action. 

• Begin by speaking to the building owner to find out the work they are proposing to do. A friendly exchange before work commences can encourage them to make enquiries about the Act and follow the correct procedure—as they might not be aware. Or they might not think you are aware of the Act. Either way, a chat beforehand will put them straight and ensure the correct process is followed.
• If time allows, at this point, an appointed surveyor should also write to the building owner on your behalf without charge to explain the procedures. During this time, a letter from an experienced party wall surveyor might be enough to resolve the situation immediately.
• At this point, surveyors also come in handy because they can take and keep records of parts of your property that are at risk from the proposed works, which would be written up in a Schedule of Condition with supporting photographic evidence. You would initially pay costs, but the building owner will be required to reimburse you if they go on to serve the notice, and it will be well spent if the works damage the property.

What not to do:

• Do not wait for the building works to begin, for the builders to start cutting holes in the party wall or digging foundations for the new extension. 
• Do not speak to the builder rather than the building owner. Builders might stall for time and then declare that the works covered by the Act have been completed.

Unfortunately, there are no personalities for failing to serve notices, and the only thing adjoining owners can do is apply to the court for an interim injunction.

Under the Act, work cannot be notified retrospectively, but if some of the work has been completed, a notice can still be served to cover the remainder.

If the building owner has opted not to serve notice because they think they can get away with it, a stern letting from a party wall surveyor can explain that they are acting unlawfully and encourage them to halt work and do the right thing.

While it’s not ideal, it is better to notify some of the works than none, and owners can agree to treat the works undertaken as unlawful. If we’re appointed at this stage, we can assist with drawing up an agreement for the building owners to sign. Call us on 01932 864375 to discuss. 

A UK-based legal advice service survey found that 30% of all legal inquiries related to residential property disputes involve issues with party walls.

Injunctions to stop notifiable works are timely and costly, and you risk the works being completed in the time it takes for the courts or a solicitor to respond. For example, while a loft conversion can take up to 8 weeks to be finished, the part of the works that are covered under the Act might actually only take a day. 

But don’t think they are off the hook if the building owner has completed works without serving notice.

Under common law, they still have a duty of care to pay damages and compensation. 

The courts might take a dim view of building owners who proceed with building works without serving notice, following the correct protocols and processes, and, in the process, causing damage to a neighbour’s property. For example, read this case – Roadrunner Properties Ltd v Dean.

Only a small percentage of party wall disputes escalate to the courts. According to some estimates, less than 1% of all party wall issues result in court cases. Most are resolved through negotiation or with the help of a surveyor.

If you find yourself in this situation, it’s best to acquire a report from a surveyor that summarises the damage caused by the works and sets out where the building owner has failed to comply with the Act’s procedures.

A copy of the report is sent to the building owner as part of your claim and is used to further support legal proceedings.