If your neighbour has begun—or is about to begin—works that you believe fall under the Party Wall etc. Act 1996 without serving notice, there are several steps you can take to protect your property and your rights.
1. Start with an Informal Discussion
- Approach calmly: Speak to your neighbour in a friendly manner. In many cases, they may not realise the Act applies to their works.
- Share information: Explain how the Act protects both parties and provide them with written information or a link to official guidance.
2. Send a Formal Written Notice
If an informal chat doesn’t resolve matters, send a formal letter. Your notice should:
- Set out the nature of the works being carried out
- Refer to the Party Wall Act and explain why notice should have been served
- Highlight the consequences of non-compliance, including potential injunctions or legal action
3. Contact a Party Wall Surveyor
If your neighbour continues without serving notice, instructing a Party Wall Surveyor is the next step. A surveyor can:
- Confirm whether the works are covered by the Act
- Advise on your rights and options
- Act impartially to help resolve the issue
💡 You may also suggest appointing a single Agreed Surveyor, which can reduce costs compared to each party appointing their own.
4. Consider Legal Action
If all else fails, you can seek legal remedies through the courts:
- Injunctions: Quickly halt unauthorised works until the correct process is followed.
- Compensation claims: If damage has been caused, you can sue for repair costs and losses.
- Specialist advice: Consult a solicitor experienced in construction or property law to ensure your rights are protected.
Additional Considerations
- Keep records: Maintain copies of all communications, notices, and reports. This evidence is vital if the matter escalates.
- Insurance check: Review your home insurance to see if legal expenses for party wall disputes are covered.
Taking a Structured Approach
By following these steps, you can deal with unauthorised works systematically—starting with a conversation and escalating to formal measures if necessary. This ensures your neighbour is aware of their obligations while safeguarding your property and legal rights.
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