We are Being Bullied by Our Neighbour

by The Party Wall Surveyor

Question

We are being bullied by our neighbour who has got planning permission to build in his back garden.

To do this he has to lower the party wall by about a metre between our driveways  to satisfy the local highways. If I do not want the wall lowering do I have to agree with this. If not what action should I be taking before it is demolished.

Answer

Your neighbour would have to serve you with notice under section 2(2)(m) to reduce the height of the wall (to a minimum height of 2 metres). If you want the wall to remain at its existing height then you must serve a counter notice under section 4 – this right is spelt out in section 11(7) of the Party Wall Act.