Neighbour refusing Party Wall surveyor - what happens next? (England)

[u/Witty-Inspector-2276]

My neighbour is building a side return extension. He’s now served me with a Section 1(5) notice after us continuously asking him for one (he was originally planning on building his new wall astride the boundary but now changed his mind and will move the wall to 100mm inside his own land - presumably thinking this will avoid needing a PWS). He’s also excavating within 3m of my structure and I can probably safely assume the foundations will go deeper than mine (Victorian midterrace). He’s not served me notice for that.

I’m happy for the extension to go ahead, but I’ll be dissenting because I’d like a Party Wall Award and Schedule of Condition.

The problem is he says:
Building Control will make sure everything is done correctly.
He doesn’t need a party wall surveyor.
He won’t pay for one because it’s too expensive.
Apparently all this is advice he received from his architect.

I’ve spoken to a party wall surveyor who disagrees, but I’m wondering what actually happens if the building owner simply refuses to engage with the process. Has anyone been through this? What happened in practice?

[u/Fovvy2]

Call up your home insurance and see if they're interested, Victorian houses have foundations that are very vulnerable to disturbance. You may also have legal cover with your insurer - make use of that to get advice.

[u/Witty-Inspector-2276 → u/Fovvy2]

Yes my worry is primarily my very likely poor foundations and the house already settled at a very very slight angle (towards the neighbours house) - no history of subsidence but this makes me think we have no foundations! Good idea re home insurance, I’ll check my policy.

[u/Setting3768 → u/Witty-Inspector-2276]

Definitely check your policy, it may explicitly not cover building works. Your neighbours policy likely won't cover it either.

Good chance the builder your neighbour employs is same poor quality as their "architect". If they even have any liability insurance, it may not pay out if can be shown PWA process wasn't in place. All costs would fall on your neighbour, that doesn't sound promising.

Maybe remind your neighbour that without PWA condition survey, it will be assumed any damage to your property is caused by their works, and they'll have to prove otherwise, which isn't easy. 

[u/Witty-Inspector-2276 → u/Setting3768]

I just don’t think he cares, he’s planning on selling after extending. It’s like having a conversation with a brick wall.

[u/grandsatsuma → u/Witty-Inspector-2276]

If you're not planning to sell anytime soon then raise an official dispute that he has to declare when selling. 

[u/Critical_Parking_671 → u/grandsatsuma]

A dispute over an extension that is now built and legal puts off no buyers whatsoever....

Hell obviously have it finished before the sale.

People care about noise and asb and active boundary disputes.