Neighbours failed to provide a party wall agreement

[techfail]

I am slightly scared to ask this question as I am dreading the possible answers!!

My neighbours started a loft conversion a few weeks ago, no planning permission as it falls under permitted development.

The thing is we've just found out that they haven't gone through the process they should have gone through - we are semi detached with their property.

Apparently they should have told us in writing two months before starting work (never happened, only told us verbally about week before starting). And also they have not had a party wall agreement drawn up.

I've read a bit about party wall agreements online and am now really worried in case their building work causes damage to our property and they don't want to pay to put it right.

Would they still have an obligation to make right any issues even though there is no PWA?? I'm hoping so as after all it's their fault that the legal process hasn't happened.

Does anyone have experience of this?

[namechangedtoday15]

I think you need to be certain their work falls within the act. They may not be doing anything to the party wall. If they are (cutting into it to insert a steel etc) then they should have served a notice.

The booklet on the web (gov website) is very useful. Are you on good terms with them? I would just go round to ask them. If not, you need to put it in writing that you think the act may apply and you haven't been served with a notice.

[wonkylegs]

Party wall agreement may not be needed it would depend on the detail of the work. If it's needed and they don't do it you can bring legal action against them but as is a civil offence rather than a criminal one it would be up to you to take them to court. This is where the legislation tends to fall down as it can be expensive to do that .
I would have a chat with them first and find out the detail of the work. I would suggest to them that an agreement protects both sides.
I would recommend taking photos with dates on them of your party wall and keeping a record of the work of you don't get a condition survey. If you notice any damage you can then prove when it occurs if you need to. Otherwise you leave yourself open to claims that it was always like that.