Discovering that your neighbour has started building work without receiving a Party Wall Notice can be frustrating.
However, the appropriate response depends on the nature of the works and whether the Party Wall etc. Act 1996 actually applies.
Does every building project require a Party Wall Notice?
No.
Planning permission, building regulations and Party Wall procedures are separate matters.
The Party Wall Act applies to specific categories of work, including certain works to party walls, construction at the boundary and excavation close to neighbouring buildings.
What if the work should have been notified?
If the works fall within the Act and the required procedure has not been followed, the situation should be addressed promptly.
The appropriate course of action will depend on what work has already been undertaken and what remains outstanding.
Can you make them stop?
Do not assume that a Party Wall surveyor can simply issue an instruction stopping the entire building project.
The Party Wall Act provides specific rights and procedures, and the available remedies can depend on the circumstances.
Where urgent or serious issues arise, legal advice may be appropriate.
What if your property has already been damaged?
Photographs and other evidence should be retained as soon as possible.
The date and progression of the damage can be important, particularly where there was no pre-works Schedule of Condition.
A surveyor can inspect the property and provide an opinion on the apparent nature and cause of building defects, where this falls within their expertise.
Can the Party Wall process still be dealt with retrospectively?
Potentially, but the position becomes more complicated once works have already commenced.
The appropriate procedure will depend on the specific works, the notices served, if any, and the stage the project has reached.
It is therefore better to address Party Wall requirements before construction begins wherever possible.
Stokemont’s advice
If your neighbour has started potentially notifiable works without following the Party Wall process, establish the facts before assuming that the project is unlawful or that all construction must stop.
An early assessment of the works can help determine what Party Wall issues actually arise and what should happen next.
