Our neighbour is having a fence built along our boundary wall but on her side without submitting a Party Wall Notice to us (Section 1 of the Act, paragraph 20), I have asked the builder to stop building and spoke with the neighbour regarding this but she will not stop. What are the next steps I can take as the act only covers what should happen but doesn’t cover what happens in the event the Party Wall Act is not adhered to?
The Party Wall Act states ‘party wall or party wall fence’.
Fences are not covered under the Party Wall Act so there is no requirement for your neighbour to serve a notice. The term ‘party wall fence’ as used in the Act means a shared boundary wall.