Q.I am rebuilding a crumbling party wall in my garden exactly as it was originally built. Before starting the works my builder told me that he has had problems in the past working on party walls and he suggested that I follow the procedure set out in the Party Walls Act (PWA). However, as my neighbour had already said that she was ok with the works, I just told the builder to get cracking. He's now about half way through (he'd probably have finished it if it hadn't been for all this snow) and I have just heard that my neighbour is moving next week! Could the new neighbour be difficult about this?
A. Your builder was correct in warning you about the PWA as it does apply here. In very simple terms, the Act requires you to serve notice upon your neighbour of the works you propose to undertake and then allows your neighbour the opportunity of indicating whether they agree to or object to the works in question. However, for some types of "minor works", you can get away without serving the official form of notice provided you have the written consent of the adjoining owner. Minor works would include minor underpinning and other support works and cutting into a wall (to insert a damp proof course for example), as well as the type of repairs you are currently undertaking.
You say that you have received the verbal agreement of your current neighbour, and from this I assume that you have not recorded this in writing. In the circumstances, I recommend that you do so immediately, and certainly before your current neighbour completes her sale. Otherwise you would be vulnerable to a challenge from your new neighbour.
Whilst people have a tendency to overlook the PWA, problems do have a habit of arising after the works have been started and therefore it is always advisable to follow the Act, even where your neighbour agrees to the works as this will then protect you in the event that the neighbour later changers his or her mind or moves house.
