We get this sort of call on at least a weekly basis, but, perhaps he doesn’t have too. Unless the work that is being done falls within the notification requirements of the Party Wall Act then there is no obligation under that Act to formally notify a neighbour – it might be good practice and it might be neighbourly but it is not a requirement. If a neighbour is simply building close to the party wall or structure (no matter how substantive his work) and is not excavating then a notice is probably not required. If the work needs planning consent then a local authority consultation letter should have arrived but again there is no obligation for a neighbour to consult a neighbour personally regarding his proposals.
Notifiable works under the party wall act are set out on sections, 1, 2 & 6 of the Act and cover works such as a new building on or over the line of junction, structural works to the party wall including maintaining, raising, exposing or enclosing the wall and works such as, cutting into it to insert a steel. Excavating deeper than a neighbours foundations will require notice if it is done within 3m.
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