Neighbours failure to serve party wall notice and damage to property

[whats4teamum]

My neighbours commenced extensive building work in the summer. We mentioned the party wall act to them and they claimed non of the work was structural.

They have entirely removed and rebuilt one floor. Foundations have been dug for an extension within 3 metres of the party wall. To top it off I have found chunks of plaster falling off a section of the party wall. This is a section they were clearly working on last week judging by the noise.

What is my next step? Do I contact a surveyor, building control. I want to clarify my position before I confront them.

Can you get hold of the planning permission documents from your local council? Some councils have them online or you could call your planning officer (number should also be listed online or switchboard will put you through). They should give you an idea of what's going on. If your neighbours are deviating from the plans then a very easy first step is just to report them to that officer. If not, then I guess it's the legal route but I don't know anything about that.

Planning officers tend to be very helpful (as long as you're not building anything dodgy) so should be a good source of info for you.

Would you feel comfortable speaking to the neighbour? Ask them to come round an look at the damage to your side of the wall and then ask them what exactly they're doing. You can then reiterate the need for party wall notification (they need to pay for your surveyor if one is required). If you don't want to speak to them then have a look on your councils planning page and ring building control for advice. Be warned that it could damage your relationship with the neighbours if you go straight to the council and they come out to inspect. Good luck.

You can't serve a PWA notice retrospectively. Once the foundations have been dug, the moment has gone. And there are no penalties for not serving one either. However, now, you need to take photos of all areas that you think are damaged or susceptible to future damage. I would then contact a structural engineer to get his view. Councils are useless on the PWA, ime

Hi, just to clarify one point re the foundations.. This is a two-step requirement, 1) Excavations within 3m AND 2) Excavations need to be lower than your foundations. GeriManda is correct that notices can't be served retrospectively. I would suggest having a report prepared of the damage and presenting it to your neighbour to see about getting the damage repaired. If they don't repair it then a solicitor's letter might do the trick. Last resort is that you end up in court.