If you find that your neighbour has started building work without serving a Party Wall Notice, it can be concerning, especially if you worry about potential damage to your property. It’s important to understand your rights and responsibilities under the Party Wall etc. Act 1996. Here’s what you should do in this situation:
Understanding What Constitutes Notifiable Work
The first thing to consider is whether your neighbour’s work falls under the category of notifiable works. The need for a Party Wall Notice depends on the type of work and how it might affect your property.
Notifiable works often include:
- Excavations for new extensions or basements
- Loft conversions or any structural alterations to the shared party wall
- Cutting into or altering a shared chimney
Work like redecorating or fitting a new kitchen, however, generally does not require a notice.
If you’re unsure whether your neighbour’s work qualifies as notifiable, a Party Wall surveyor can provide clarity.
Step 1: Speak with Your Neighbour
If you suspect your neighbour’s work is notifiable but they haven’t served a notice, the first step should be to speak directly to them. In many cases, neighbours are unaware of their obligations under the Party Wall Act, or they may not realise that their work affects your property.
It’s possible they simply overlooked the requirement, as this type of legal obligation is not always well-known to homeowners or contractors. Sometimes, a polite conversation can resolve the issue before it escalates.
If direct communication feels uncomfortable, or if you don’t trust your neighbour to handle the matter responsibly, a Party Wall surveyor can take over and act on your behalf.
Step 2: Check the Validity of Notices
Even if your neighbour claims they’ve served a Party Wall Notice, you’ll want to confirm whether it’s valid. Party Wall Notices need to meet specific legal criteria, and many DIY notices or ones drafted by professionals not familiar with the Party Wall Act can be invalid.
Using an experienced Party Wall surveyor ensures that all Notices are correctly drafted and legally sound, protecting both parties in the long run.
Step 3: Assess Whether the Work is Ongoing
If the work has already started and notifiable works are still ongoing, you are within your rights to ask your neighbour to halt the work until the necessary notices are served.
This applies specifically to the notifiable works. For example, if your neighbour is carrying out a general renovation but is also cutting into a shared wall (which is notifiable), they can continue with other non-notifiable work, but they must cease the notifiable part until proper notice has been served.
It’s important to note that the Party Wall Act cannot be applied retrospectively. So, if the notifiable work has already been completed, the opportunity for serving notices is gone.
Step 4: What If Your Property Has Been Damaged?
If your neighbour’s building works have caused damage to your property, and they failed to serve a Party Wall Notice, it may complicate matters. However, you still have options.
- Talk to your neighbour: In the best-case scenario, your neighbour may be willing to repair any damage caused, especially if they still have contractors on-site. This could be a straightforward resolution without needing legal action.
- Consult a Party Wall Surveyor: If the issue is more serious or your neighbour is unwilling to address the damage, a qualified Party Wall surveyor can help guide you on the next steps. They will assess the situation and advise on the best course of action, which could involve a claim for damages or a formal dispute under the Party Wall Act.
Key Takeaways
- Know the Work Type: Determine if your neighbour’s work is notifiable. Not all work requires a Party Wall Notice.
- Communicate with Your Neighbour: They may be unaware of their obligations, so start by talking to them.
- Ensure Notices are Valid: Invalid or poorly drafted notices can cause delays and confusion. Always consult an experienced Party Wall surveyor.
- Take Action on Ongoing Work: If work is still in progress, you have the right to ask for it to stop until proper notice has been served.
- Address Damage Promptly: If damage occurs due to unnotified work, try to resolve it directly or seek advice from a Party Wall surveyor.
If you’re unsure about how to handle the situation, it’s always best to consult a Party Wall surveyor as soon as possible to avoid unnecessary complications. At Simple Survey, our expert team is ready to assist with any Party Wall concerns, ensuring that your rights are protected and your property is safeguarded.