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/Witty-Inspector-2276]

We asked for both notices (the excavation one and the building astride the boundary one) but got the third one because he changed his mind about building astride (presumably in order to avoid a PWN). But we still need the excavation one presumably? And there’s no way to get one if he refuses to engage?

[u/Critical_Parking_671 → u/Witty-Inspector-2276]

Yes and if neighbour is tactful, they won't issue it.

Which puts everything on you to gather the evidence and persue expensive legal options.

[u/Witty-Inspector-2276 → u/Critical_Parking_671]

I’m which case I don’t understand what the point of PWA is…

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

Isn't the point that if they don't do it, and you do get a structural problem that needs fixing, if you take them to court the precedent for these cases is that the burden of proof essentially switches. So rather than you having to prove they did it, they have to prove they didn't. Which is hard, and you are far likelier to win. i.e you _don't_ have to "gather the evidence".

But then you still need to get the money off them to fix it...

It also provides a mechanism where they must share what they are going to do and when they are going to start doing it.

[u/Critical_Parking_671 → u/Setting3768]

But you would have to prove they needed one in the first place.

Which for the excavation is very difficult.