We Didn’t Have a Party Wall Award and Damage Has Occurred – What are my Rights?

Question

As next door has already started building, we have had a good relationship and he showed me the plan and took me through the high’s that i agreed on, thus not objecting to the plans, now a wall has gone up 3ft above the agreed height that is already 7ft high from ground level.

I called the planning officer who said that was on his plan’s. But the plan i was told were not the one he had. Also he has built right up to the boundary and still has to face the brick work off and i do not want him on my property am worried that he will not do that. He has also undercut my land, and a lot of earth fell away and my fence has fallen down is he liable? We did have a joint surveyor but when he came to look at the land he told me he was not a party wall surveyor which is not what we agreed to. Do i now have any rights?

Answer

Having a party wall surveyor would not have given you and say over the height of the wall. That is a planning matter.

If damage has been caused as a result of work which comes within the scope of the Party Wall Act you have a right to appoint a surveyor to resolve that matter. The Act says that you can either allow the contractor to make good the damage or ask the surveyor(s) to agree a payment in lieu.