If your neighbour is planning construction work that affects a shared boundary or structure, they are required by law to serve you with a Party Wall Notice under the Party Wall etc. Act 1996. Unfortunately, some Building Owners either don’t know about this requirement or choose to bypass it to save on costs. So, what should you do if they don’t follow the correct procedure?
What Are Notifiable Works?
Under the Party Wall Act, notifiable works typically fall into three categories:
- Line of Junction Notice – For works along a boundary line.
- Party Structure Notice – For work affecting shared walls or structures.
- Adjacent Excavation Notice – For excavation work near the boundary.
If you’re unsure whether the work is notifiable, it’s worth getting professional advice to clarify the situation.
What If You Think Your Neighbour Is About to Start Building?
If you believe your neighbour is planning construction, whether they’ve applied for planning permission or not, it’s a good idea to talk to them early on. A friendly discussion can go a long way. It may turn out that they intend to serve the notice but haven’t done so yet. They might also be unaware of the Party Wall Act, and a conversation could help steer them in the right direction.
If the conversation goes well, they should serve you with a Party Wall Notice, allowing both of you to follow the correct procedure.
What Happens if Your Neighbour Doesn’t Serve a Party Wall Notice?
Failing to serve a valid Party Wall Notice can cause significant issues. While damage isn’t common, it’s more likely if the proper steps aren’t followed. The Party Wall process ensures the building owner considers how their work might impact your property. Without it, there’s no formal framework to handle disputes, which could lead to complications if damage occurs.
In the worst case, the issue may end up in court. Courts are generally unsympathetic toward building owners who haven’t followed the Party Wall procedures, and they may face penalties as a result.
What Can You Do If They Refuse to Serve a Notice?
If your neighbour ignores their legal obligations, you may need to seek a Party Wall Injunction through the courts. This legal order forces the building owner to stop work until they comply with the Party Wall Act. Disregarding the injunction could result in serious consequences, such as fines or imprisonment for contempt of court.
Before taking this route, it’s important to consult with a party wall surveyor to confirm whether the works are notifiable. You should also seek legal advice, as pursuing an injunction can be costly and risky.
How Much Will a Party Wall Injunction Cost?
Pursuing a Party Wall Injunction can be expensive. You’ll need to cover solicitor and court fees, and if the injunction is unsuccessful or delayed, you could end up liable for the building owner’s costs. These expenses can quickly escalate into significant amounts, sometimes reaching tens of thousands of pounds.