Neighbour performing Works without a Party Wall Agreement
Check first if the works are notifiable under the Act. If your neighbour is excavating, building a wall near the legal boundary, or cutting into a party wall, they're likely performing notifiable works.
The Building Owner must serve notice. If they do not, you can not invoke the Act (no notice, no Act) and must seek an injunction through common law.
Common law is not always your friend; it takes time, and time costs money. You can still appoint a surveyor to represent you.
One of our first acts will be to write to the building owner, informing them of their illegal act (conducting works without serving notice) and asking them to serve the required notice forthwith. Works of this kind are not superficial and could damage your property.
There is a mechanism in place for the Building Owner to serve notice after already commencing works. When that happens, surveyor(s) should be appointed immediately. The reason for this urgency is to create a schedule of condition to protect each owner by documenting the existing state of the adjoining owner’s property against any claim for damages.
