If your neighbour has begun or completed construction works that affect the party wall without serving the proper Party Wall Notice, it can create a significant headache. The Party Wall Act 1996 is there to protect both property owners when works could potentially impact shared boundaries, but what happens when the proper procedures are ignored?
Let’s break it down.
Scenario 1: Works Undertaken Without Notification After an Award is in Place
The first situation involves a scenario where a Party Wall Award has already been agreed for one set of works, but your neighbour decides to carry out additional notifiable works without informing the appointed surveyor(s) or you. In this case, although the original works were covered under the Party Wall Act, the new works won’t automatically fall under the same protection if no fresh Notice has been served.
Scenario 2: Works Started or Completed Without Serving a Party Wall Notice
This is a more common situation – where your neighbour has either started or completed works without serving a Party Wall Notice at all. This means that no surveyors were appointed and no formal agreements have been made.
The problem with this is that under the Party Wall Act, surveyors only have jurisdiction over works that have been formally notified. If your neighbour starts a loft conversion, for example, without notifying you, and this causes damage to your property (such as plaster cracking or decorative damage), there is no clear process under the Party Wall Act to resolve the issue, because the Act only applies when proper notice has been given.
Can Surveyors Intervene Without a Party Wall Notice?
While some surveyors may argue that the Party Wall Act can be applied retroactively under Section 10(1), where a dispute arises, this is a complex area. Section 10(1) allows for the appointment of surveyors to resolve disputes between a Building Owner and Adjoining Owner, but only when the works are notifiable, and the Act applies.
However, for this to be effective, certain conditions must be met:
- Acceptance by the Building Owner that they’ve carried out notifiable works without serving Notice.
- Cooperation from your neighbour to resolve the issue amicably by appointing party wall surveyors, covering the costs, and repairing any damage caused.
If your neighbour refuses to acknowledge the mistake or cooperate, the situation becomes more complicated.
What Are Your Options?
If damage has been caused or your neighbour has built over your land, removed part of your building, or carried out any other unlawful works, and they’ve ignored the Party Wall Act, your legal recourse is limited within the framework of the Act itself. Unfortunately, the Act does not provide an automatic remedy in these cases.
Legal action may be the only option:
- Consult a Solicitor: If your neighbour is being uncooperative, seeking legal advice is the first step. A solicitor can help you pursue a legal injunction to stop works or seek compensation for damage or trespass.
- Pursue Other Legal Action: In some cases, you may need to pursue a civil claim for trespass, property damage, or other related legal issues caused by your neighbour’s actions.
Summary
In short, if your neighbour has begun works without serving the correct Party Wall Notice, you won’t be able to resolve the issue through a Party Wall Award unless your neighbour acknowledges the mistake and agrees to work with you to fix the situation. If they refuse, your only option is to take legal action to protect your property and rights.
For any further assistance, or if you’re facing this kind of issue, contact us at team@simplesurvey.co.uk. We can help guide you through the next steps, whether that involves negotiating with your neighbour or seeking legal recourse.