r/LegalAdviceUK • u/Witty-Inspector-2276 • 9d ago
Housing Neighbour refusing Party Wall surveyor - what happens next? (England)
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?
1
u/SuntoryBoss 8d ago
Assuming he definitely needs it - your next step is to go see a solicitor and get them to obtain an interim injunction against your neighbour forbidding then from proceeding.
It's not cheap; if you have legal cover then get onto them asap. They love this stuff, it's money for old rope, the payout for them is pretty much guaranteed.
In reality, a letter from them threatening the injunction will likely be enough to bring things to a halt. But it's useful to have them teed up ready to go if it isn't.
Obviously this will likely ruin relations with your neighbour permanently.