My neighbour has started work without serving a Notice.
Posted on 21st October 2024 at 12:14
What can you do if your neighbour does not serve you with a Notice?
We get at least 2-3 enquiries every week on this subject where a neighbour has commenced work without serving a Notice under the Party Wall etc. Act 1996.
If this happened you need to act quickly. There is little point in watching the extension for go up, or loft dormer being constructed for several weeks before acting. I cannot stress this enough......you need to act quickly.
You first need to be sure that the neighbour is actually carrying out work under the 1996 Act. It is fairly obvious if they are excavating within 3m of your building or structure, but not so easy if the work is going on internally and you cannot see what is being done. If the work is not permitted development, you can visit the local authority planning portal where you should be able to download drawings.
You need to make sure your neighbour knows that they should be serving a Notice by putting it in writing so they cannot say they were not aware/warned. You should also state that they should not start or continue any notifiable work under the Act until they have served you with a valid Notice.
If the neighbour ignores you, then your only option is to contact a solicitor who should waste no time in writing to the neighbour instructing them to cease notifiable work and serve a valid Notice. The letter should ask for an undertaking that they will not start or continue with any Notifiable work until they have served a Notice and obtained authority for the work by either consent or an Award.
If the neighbour ignores this letter, then your only option is to apply for an interim injunction from the court. This is an order from the court forbidding the neighbour carrying out any notifiable work. If the neighbour breaches the injunction, you can then bring contempt of court proceedings which can include severe remedies including committal proceedings (prison).
Applying for an interim injunction is not without risk so you should discuss this with your solicitor. You may also need an inspection by a surveyor to confirm if possible that notifiable has commenced.
If a neighbour commences work without first serving a relevant Notice under the Party Wall etc. Act 1996, a party wall surveyor cannot be appointed. This follows on from the appeal court case Power & Kyson v Shah [2023] EWCA Civ 239 which confirmed that if a Notice has not been served, the Act has not been invoked.
So in conclusion, you need to act quickly if the neighbour starts works without serving a Notice.
You need to send/give them something in writing requesting they stop all notifiable work, and serve you with a valid Notice.
If that fails you need to contact a solicitor immediately.
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