party wall notice not served

LYNDA1493

I live in terraced house and the next door property has been bought and is in process of being turned into HMO. I have and am enduring all kinds of problems, not least damage, noise etc, to my property that I am trying to get sorted but struggling to deal with the very evasive project managers.   I now know that 2 chimneys and 2 chimney breasts have been  removed and loft installation put in rear of property  . I have done some research and now know about the Party Wall Act and would like to know if I am right in thinking that I should have been served a Party Wall Notice prior to the work being carried out.

I am looking at taking this further and would be grateful if anyone could point me in the right direction for help with this. I personally think it shows the arrogance of the builders not to bother with a Party Wall Notice or any other notice for that matter.


The building works have been going on for almost a year now .  The building and development team who I presume work on behalf of the investor who I presume is the owner who is registered as 'rental agency' on land registry so I am not sure who I should be raising my issues with, but I am thinking of going straight to the owners, but could do with legal advice and unsure where to go or which type of legal advice I will need any comments would be appreciated.

Keep_pedalling

It is the owner you should be dealing with not the builders. You need legal advice but not the sort that comes free from strangers on the internet. 

propertyrental

It sounds like you should take urgent legal action:

35. What do I do if my neighbour starts work and I have not received a Party Wall Act notice?

The Act contains no enforcement procedures for failure to serve a notice. However, if your neighbour or a builder carrying out work on your neighbour’s behalf starts work, without having first given notice in the proper way, you may seek to stop the work through a court injunction or seek other legal redress. You may wish to take professional or legal advice before commencing such action.

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

ThisIsWeird

Lynda, do you have Legal Protection in your house insurance? If so, call them up right away.
Are these removed chimney breasts on your party wall?
Have you looked at your LA's Planning Portal to see the detail of what they are doing? They're converting the loft, you say - any encroachment over the boundary? Any 'steels' being inserted into the party wall? Is there a dormer being built - if so, how close to the boundary does it come?

propertyrental

ThisIsWeird said:

Lynda, do you have Legal Protection in your house insurance? If so, call them up right away.
Are these removed chimney breasts on your party wall?
Have you looked at your LA's Planning Portal to see the detail of what they are doing? They're converting the loft, you say - any encroachment over the boundary? Any 'steels' being inserted into the party wall? Is there a dormer being built - if so, how close to the boundary does it come?

And check for Building Control (building regulations) too. This is separate from Planning.

LYNDA1493

Thank you so much for your comments they are really helpful
I don't have legal protection unfortunately.
The removed chimney breasts are on my party wall. 
There is nothing showing on my LA's Planning Portal.
They did not use LA's Building Control.
I am currently looking at legal assistance.

ThisIsWeird

Do you know who they are using for the 'building control' aspect instead? 
They don't sound very professional if they didn't suggest/recommend their client's Party Wall responsibility.
It might be worth having a word with their office about this? 

LYNDA1493

Yes I know who they are using for Building Control they do not have a good reputation if the reviews are anything to go off, they are also proving difficult to get hold of.

ThisIsWeird

They might not be 'liable' as such, unless they are also project-managing (in which case I 'think' they might be), but make sure you have advised them of your concern in a recordable manner - eg, email.

Apart from that, then I guess your option is to first threaten an injunction if they don't offer a PWA surveyor, and then to or actually take one out. 
Bear in mind, tho', that a lack of PWA does not mean they can damage your house with impunity! They are still liable.
What a shame you don't have LegProt...
Don't know what to suggest - anything 'legal' will surely cost you. You could (probably should if damage is being caused or risks being caused) contact your own insurance co, as they have an interest in this. But expect them to insist you have a PWA, or injunct them.

Doozergirl

If the work has b the party wall has already taken place then it is too late for a party wall agreement and it's too late for an injunction to stop work that has already happened.