|
My neighbour has ignored the Party Wall Act
“My neighbour has ignored the Party Wall Act.” It’s a common enquiry – property owners beginning work without following the procedure in the Party Wall Act 1996 (“the Act”). In fairness, this might be unintentional as there’s often considerable misunderstanding about when the Act applies.
Diplomacy is key
Issues involving party walls are among the most common reasons for disputes between neighbours. Such disputes often become personal, protracted, and expensive. And don’t forget that when you come to sell your home, you must disclose any neighbour dispute to a potential purchaser, even if the cause of the dispute has long been settled. Of course, expect your purchaser to run for the hills at the prospect of inheriting trouble!
Accordingly, always approach any party wall-related matter diplomatically rather than with all guns blazing. You may be able to resolve the matter quickly and amicably.
“Oliver’s breadth and depth of knowledge is exceptional, and I could not have wished for better service. I always felt assured that my matter was in the most capable of hands.”
When does the Party Wall Act apply?
Visit our main Party Wall page for information on when the Part Wall Act applies.
What to do if your neighbour does not follow the Party Wall Act procedure
So, what should you do if the Act applies but your neighbour has not followed the correct procedure? Let’s take three scenarios.
Your neighbour is about to start qualifying work
Depending on which section of the Act applies, your neighbour must serve a party wall notice not less than one or two months before commencing work. Accordingly, if there are indications next door that potentially qualifying work is imminent, you should act quickly. Don’t wait for builders to begin excavating or cutting holes in the party wall!
Speak to your neighbour to find out their plans. You may discover they are entirely ignorant of the Act or did not appreciate its application. If they are receptive, be helpful. Explain where they can find more information on the correct procedure or suggest they take professional advice. However, stress that work cannot commence until they follow the proper procedure.
Sometimes, a neighbour is fully aware that their plans are qualifying work but hopes or assumes you are unaware of the Act. If that’s the case, a discussion will put them straight on that.
Your neighbour has commenced but not completed qualifying work
Incredibly, there are no penalties for failing to serve a party wall notice. So, once your neighbour starts work, the only immediate remedy available is applying to the court for an interim injunction ordering them to stop work. But you must act quickly – call us on 01225 462871.
Qualifying work cannot be notified – and therefore covered – retrospectively under the Act. However, a notice can be served to cover the outstanding work. Whilst not ideal, it’s better that some of the work is notified than none.
It’s also possible for you and your neighbour to draw up an agreement treating the unlawful work as if it had been notified. In this way, you would at least have some contractual protection.
Your neighbour has completed qualifying work
Completing qualifying work without serving notice does not necessarily mean your neighbour is off the hook. They still have a common law duty of care regarding the work, a breach of which can entitle you to damages (compensation). Indeed, the court has taken a dim view of property owners proceeding with qualifying work without notice and then causing damage to neighbouring property. For example, in Roadrunner Properties Limited v John Dean [2004], the Court of Appeal reversed the usual burden of proof, deciding that it was for the errant Mr Dean to disprove that his work had caused damage to the party wall rather than for his neighbour to prove it.