Help! Party Wall removed without permission

JuliaMary_2

Appreciate any help please:
- Live in a semi-detached house.
- House next door was sold 3 years ago, neighbour selling said it was to a 'property developer' but guy did pop over and assured us he was moving in and shared plans with us.  Plans looked fine - extending out onto the old patio to make a large dining/kitchen area.
- Plans - which we have a copy of and which are on the council website - show it's a party wall, dotted line down the middle etc.
We have a small extension and lean-to conservatory that is built up to the party wall and the party wall is staggered so only the bits above the party wall were rendered etc.
Today the next-door builders have started working and completely removed the party wall.
We did not give permission for this, no notice was served, and indeed when the owner called around last week to say work was starting today we specifically said we do not want him building on the party wall. 
The removal of the party wall leaves our small extension and conservatory completely exposed and unrendered/sealed etc.
To make matters worse the guy who has bought the property doesn't live there - he has never told us his address but, from a quick search of the name on plans and companies house I think he lives locally (he also walks back and fore to property which makes sense).
He gave us his mobile and told us to call if any issue.  I've called today multiple times - no answer.
I've texted - no response.
I've been round to the property we think he lives in - car in the driveway but no answer.

Can someone advise what we can do next??
Our council planning department doesn't have a direct dial number - it's all emails but I don't want them continuing the work when it's not as agreed on the plans and the owner is uncontactable.
I can contact solicitors but have never been in this situation before and am worried about the expense. 
We just want the party wall back as it was - providing a buffer for our extension and conservatory build and then for him to build up to the party wall as agreed.
He has left part of the party wall, which adjoins our patio, and to which we have fixed a fence - as he tore his down a number of weeks ago (he said at the time it was because it was old but I now think it was because he wanted the whole wall down).
How can we stop any further work until this is resolved?  I don't want to be arguing with his builders in the morning but the owner is uncontactable and has not shared hisaddress and is not responding on the phone. The builders also used their digger to block access to the side - so it was very difficult to see what they'd done but I've managed to get pictures and so have 'before' and 'after' shots. 
Thanks in advance and sorry for the long spiel - am a bit stressed with it all. 

jonnydeppiwish!

You cannot say whether someone can build up to or onto a party wall. What you do need is a PWA but given that they’ve already started, not sure what use it will do you. Tell the builder that he cannot continue until a PWA agreement is in place and make sure the owner knows this.

jj_43

Well, good communication on both sides is key here. What you can do is limited in short timescales. Ask him if he plans to rebuild the party wall, he might plan to use it a part of the extension, if he does at least you won’t have to pay for your contribution to its improved state under a party wall award, if you were within the act. But as work has already started without notice it’s outside the act. Btw he can use his side of the party wall regardless.

GDB2222

One option is to apply for an injunction to prevent the work progressing, but it is expensive. 

ThisIsWeird

Do you have Legal Protection included in your house insurance? Good - call them up. 

ThisIsWeird

Any work that involves a party wall, should have the offer of a Party Wall Act surveyor being appointed, with the cost being covered by the building neighbour. However, as you have found out, if they don't appoint one, and the affected neighbour doesn't bring this to their attention before the work begins, then it's pretty hard to stop the building.

That's the bad news. The good news is that you are protected against damage by law; "If your neighbour has completed the works without serving notice, they are by no means off the hook. They will still have a duty of care under common law to put right any damage that their works cause."

If you are telling us that this neighbour has effectively taken down a wall of your house, exposing that room to the elements, then that - I believe - is effectively 'criminal property damage', and your first call should have been to the police.

penners324

Email the planning enforcement team at the council. Also your local Councillor.

Simonon77

Is it definitely a party wall? i.e. from your description it is a garden wall not actually connected to your extension and conservatory? , is it built so it straddles both properties boundary? If not, do you actually own it, or does the neighbour.

I imagine he is planning on using the outside wall of the new extension as the new wall rather than leaving it there and having to build a foot inside it which is quite normal and not really anything to worry about

Grizebeck

GDB2222 said:

One option is to apply for an injunction to prevent the work progressing, but it is expensive. 

It costs around £320 for an application.

GDB2222

Grizebeck said:

GDB2222 said:

One option is to apply for an injunction to prevent the work progressing, but it is expensive. 

It costs around £320 for an application.

That is just the court fee? Unless the op knows their way around the court system, they would need legal help.

 I noticed that your sig says Lay Rep in the County Court dealing with a variety of civil cases. 

Out of interest, what would a lay rep charge for dealing with this?

devoncop22

ThisIsWeird said:

If you are telling us that this neighbour has effectively taken down a wall of your house, exposing that room to the elements, then that - I believe - is effectively 'criminal property damage', and your first call should have been to the police.

As a recently retired Police Officer I can assure you police will have no interest or responsibility in dealing with this at all.

It is a civil dispute over building work.

The Criminal Damage Act of 1971 specifically excludes actions done with lawful authority or reasonable excuse. Building work that is disputed comes under this exclusion and the civil law deals with it.