Although not complying with the Party Wall Act 1996 isn’t a legal obligation, there are some things a homeowner is required to do under the Act that means work can be carried out on adjoining walls (party walls) without being stopped or being held liable for any damages that occur as a result of work being undertaken on a shared party wall. This also goes for party structures such as adjoining ceilings or floors in a black of flats, for example.
Under the Party Wall Act 1996, the homeowner wanting to carry out the work on a party wall, structure or fence will need to provide their neighbour(s) with a Party Wall Agreement and a Party Wall Notice in order to inform adjoining property owners of intended works.
You will only need to do this if your house is joined to another, such as a semi-detached or terraced house or a flat. But what happens if the Party Wall Act is ignored by your neighbour and what can you do to stop work being carried out on your party wall if you do not wish it to commence?
What should you do if your neighbour, who is carrying out the work on your party wall, has not served you a Party Wall Notice?
By not providing the adjoining, affected homeowner(s) with a Party Wall Notice, that person is not complying with the Party Wall Act 1996. The neighbour who is wanting to do work on or involving your party wall has a responsibility to serve you with a Party Wall Notice prior to work commencing on the property. This should be done within 2-12 months before work starts on the party wall.
Your neighbour will need to serve you with a Party Wall Notice if they wish to carry out any of the following works:
- Excavation works, such as underpinning
- Inserting damp-proof courses
- Constructing a second-storey (or more) extension on or up to a party wall
- Building a new wall up to or involving an adjoining wall
- Making a party wall higher, thicker or altering it further in any way
- Cellar or loft conversions that means cutting into a party wall
A Party Wall Notice will usually include the following information:
- Your neighbours’ contact details
- Detailed plans of any intended works
- The date at which work is due to commence
- Whether or not your neighbour needs access to your property for any applicable reason
If you have not been served such a document and you understand that work has already begun without them having served you a Party Wall Notice, then you’ll be able to take civil action against your neighbour(s) in order to have work ceased until a Party Wall Notice is served formally.
If any damage has been done to your side of the party wall or to your property as a whole as a result of work being carried out by your neighbour without a Party Wall notice being served, then you’ll be able to hold them financially liable for repairs.
This is why it’s imperative that Party Wall Notices and Party Wall Agreements are served. If you aren’t sure of your rights or if you do not know whether or not you should have been served a Party Wall Notice, then consult with a fully-qualified, highly-skilled Party Wall Surveyor.