Neighbours starting expensive £32,000+ rebuild of wall between properties ,worried about liability for costs

[rileynexttime]

Posting for a friend.
Ownership of wall and responsibility for repair and costs not resolved .

Wall is between one house uphill and a lower house .Upper house very old and predates lower Victorian terrace where topography dictates excavation of ground to build Victorian house .

Lower house initially saying "we share a boundary wall"
"appears to have been built to retain your garden so could legally be regarded as wholly your responsibility" .
Offering ,without accepting any responsibility, to split cost .

Friend did not accept this status quo and since then ,despite asking for confirmation about costs ,who pays what has not been answered ..

Builders due to start work this week .

Friend is terrified she will end up with huge bill .
Any thoughts ? Advice ?

Neighbours using an agent with bullying tactics (shouting out of car window as passing friend in street,calling at house ,verbally abusing her ) and has been too terrified to do much .She has not obtained any alternative quotes or specialist reports .Neither supplied by neighbour.

That's so helpful thank you @akkakk !!
I'd actually just realised this point the act still covers any work within 3-6m and was about to post to check my understanding .
thank you again

So sorry @akkakk more queries
If I'm reading correctly to come under the Act the works within 3 - 6 m of a freestanding wall have to be excavation .

Adjacent excavation and construction.(1)This section applies where—

(a)a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of three metres measured horizontally from any part of a building or structure of an adjoining owner; and

(b)any part of the proposed excavation, building or structure will within those three metres extend to a lower level than the level of the bottom of the foundations of the building or structure of the adjoining owner.
https://www.legislation.gov.uk/ukpga/1996/40/section/6

I'm concerned by fact that they are repairing /reinforcing the wall not erecting a building or structure .
We were puzzled by their approach which is to dig/excavate a trench on my friends side and fill with concrete .This is at the top of the wall ,so not excavating .But maybe this explains it .

Can you bear to post what you think -I'm aware this is important and interesting probably only if you;re directly involved and may be less fascinating to you !

top of the wall ,so not excavating - well not excavating below level of wall foundations .
And certainly more than 6m from friend's house .

from all your descriptions they are doing work to a wall which they claim is shared - don't worry about anything else - that makes it come under the party wall act.

if they then state it is not shared they either have to:

• claim that it is their wall - unlikely if their house is newer as the wall would be either predating their house, or put up at the point their house was built - and therefore on the boundary line
• claim that it is not their wall - in which case they can't touch it anyway - and at that point if they were to build a new wall the distance would be relevant.

deeds can be found online and downloaded for a few pounds - they may show ownership of the wall, they may also show the boundary - however, if there is any doubt then it can only be settled by a court...

the point here though is that if the work is not wanted / the cost not agreed, they don't have the right to go ahead without going through the party wall act - if the wall belongs to the upper house they have no right to touch it / if it belongs to both they have a right, but the act applies / if they own it then they have a right but can't expect any money for the work...

sounds as though whatever the options there is a good route forward - and not one where the other neighbour bullies the person into paying money for work they haven't agreed...

Thank you so much @akkakk ,very clear and helpful.
We'll see how we get on .
Difficult advising friend because she has been intimidated,has only recently asked for help and has the mind set that if she keeps her head down and avoids challenging them too much somehow it will be okay and she will be spared excessive costs .

You are very lovely to be helping them :)

Ask your friend to find their local councillor, their details will be on the council website and speak to them to see what they can do. They may be able to intervene.

It sounds dodgy to me I am sure its also a police matter due to hostility, intimidatation and harassment. They could be cowboy builders.

OP you mention the neighbour's 'agent' abusing your friend .. not sure what this person is,but surely needs to be dealt with too.

@ginghamstarfish ,he does but I don't know how .I think proof would be needed .
Recording his rants is one thing ..but I can't imagine the police would be interested .
He has form for his behaviour as is clear from online reviews /warnings about his business .