WHAT TO DO WHEN YOUR NEIGHBOUR IGNORES THE PARTY WALL ACT

Here’s what you need to do if your neighbour is doing building work but ignores the Party Wall Act.

First you need to consider what qualifies as ‘notifiable work’ under the Party Wall Act. This can include:

Changes to party structures: This might include walls between terraced or semi-detached houses and shared boundary walls, along with floors between flats.

Excavations: Within 3 metres of, and below, your foundations.

New walls: Constructed up to or across boundary lines.

If the work is not notifiable, no action is required.

If the work is notifiable, there are different steps to take in different scenarios:

If work is about to start:

Notice periods: The Party Wall Act requires notices to be served 1-2 months before work starts.

Immediate action: Speak to your neighbour immediately. They might be unaware of their obligations under the Party Wall Act. 

Seek professional help: If your neighbour is not engaging, consider getting a letter from a party wall surveyor to encourage them to act. 

Instruct a surveyor: One of the most important things a surveyor can do for you is to document your property’s condition to act as a bench in the event damage is caused. (The neighbour undertaking the work is normally responsible for the surveyor's fees in this regard).​

If work has started but is incomplete:

No penalties for non-notice: There is no immediate penalty for not serving notice, but you might consider applying for a court injunction to halt the work if the risks to your property are significant.

Partial notice: your neighbour can serve notice for any remaining work. A letter from a surveyor can prompt compliance.

Legal assistance: Professional help can facilitate agreements for partially completed work.

If work has been completed:

Legal action: Stopping substantially completed work is difficult and expensive. Any legal action is typically for damage claims at this point.

Common law duty: Neighbours must pay for any damages caused, even if the work is complete.

Support from courts: Courts can be inclined to support the affected party if the neighbour did not serve notices and caused damage.

Documentation: Obtain a report from a surveyor regarding non-compliance with the Act and estimates from (ideally) 3 contractors for any legal proceedings and claims.

​Conclusion

Whatever stage works are at in your particular case, we strongly suggest you take advice as early as possible.

Disclaimer:

The information provided in this document is for general informational purposes only and does not constitute professional advice. While every effort has been made to ensure accuracy, it is not tailored to your specific situation. Always consult with a qualified professional before taking any action related to the issues discussed. The authors are not liable for any actions taken based on this content, and no legal relationship is formed by reading or interpreting this material.
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Need help with a Party Wall Act issue? Contact Coburns Party Wall for expert advice and assistance.