"Phöènix" mindyouownbusiness wrote

I live in an end of terrace. The house next door has been bought recently
and is subject to extensive renovation. I was concerned about some banging
on the party wall and have just come back from looking at what is occurring.

I found that amongst other work the a chimney breast in one room (not my
party wall) has been removed. On further investigation I found that the
young lad (non-english speaking which doesn't help) was attempting something
similar in a room which shares a party wall and stack with my property.

I have brought a temporary stop to the work while awaiting the owner to
contact me.

Anyone been in a similar situation or have sensible advice about the best
way to proceed with this. I have no desire to get off on the wrong foot with
my new neighbour but obviously I can't allow work to continue until I am
sure it is safe, which at the moment I am convinced it is not.

I have taken a quick look at some relevant docs and I would assume this work
comes under both the Party wall act 1996

Yes. Your neighbour is in breach of this legislation. He should have appointed
a Surveyor to send you the correct notification and details of the work
proposed, and giving minimum 2 months notice before starting work. You can then
appoint your own Surveyor to safeguard your interest, normally at his expense,
and the two Surveyors agree on the work to be done and publish an agreement,
called an Award.

It sounds like there may be a risk of damage to your property, not to mention
your Health & Safety, so it is important you do something. It's good you have
been able to stop the work temporarily but sadly the Act does not itself have
any teeth to keep it stopped. I would recommend you notify the neighbour he is
in breach of the Act as quickly as possible and ask what he intends to do about
it. Hopefully he will be sensible and agree to stop the work while getting the
correct procedure and paperwork sorted out. (It really helps your long-term
relationship with him if you can be sensible here, act promptly and not force
maximum delays etc).

But if he is determined to carry on regardless then you need to see a solicitor.
It's a civil, not a criminal offence, so the Police will not act in these cases.
To stop the work you'll need to get a court injunction, which costs money. See
what the solicitor says.

and also requires building control
authorization.

Yes probably. This might be a more effective way of getting the work halted
temporarily, but again Building Control can't force him to stop work except
through the court. (They can if he is causing a Dangerous Structure, but you
don't want it to get that far!).

I've given a very brief run down. By all means mail me if you need more help.

Peter