WHAT TO DO WHEN YOUR NEIGHBOUR IGNORES THE PARTY WALL ACT

Here’s what you need to do if your neighbour (a building owner) ignores the Party Wall Act.

First you need to consider what qualifies as ‘notifiable work’ under the Party Wall Act. These 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 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 starting the work.

Immediate action: Speak to your neighbour immediately. They might be unaware of their obligations under the Party Wall Act. If your neighbour is not engaging, document your property’s condition to cover potential damages.

Seek professional help: Consider getting a letter from a party wall surveyor. ​

If work has started but is incomplete:

No penalties for non-notice: There's no immediate penalty for not serving notice, but you might think about applying for a court injunction to halt the work if the risks are significant.

Partial notice: 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 completed work is difficult and expensive. Legal action is typically for damage claims.

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 notice and caused damage.

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

​Conclusion

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