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Hello my name is ***** ***** I will help you with this.
If they were not going to touch it or come within a certain distance then no there would be no need for a party wall agreement.
But if this is a party wall then you need to get an injunction asap
You can get this same day, it tomorrow.
You need to complete forms N1:
You are asking a Court for an Order that they stop all works and then comply with the requirements of the Party Wall Act
They don't need to serve notice if you consent as there would be no point, but clearly in this case you do not consent.
So you could fill out the forms call your local County Court and get an emergency appointment with a Judge.
The application for injunction needs to be served, if granted, in person against the neighbour for it to be valid
If they breach the interim injunction then this is contempt of Court which they can be fined, warned, or sent to prison
Can I clarify anything for you about this today please?
I spoke to the neighbour who started writing the part wall act .. The builder then said they were not going to touch the wall. Their architect was nasty with me and told me they do not need party wall act as they are building internally and the wall will not be touched. I have only found out 40 mins ago that they have knocked down the wall. i have to apply to my local court in the morning or should I contact a friend who owns a large surveying/architect company and get him to sort this .. Can he do this or do I need to do it myself
You can do this yourself if you wish.
But if you have a friend who is has a surveying company that will help
You need photos to show what is where and been demolished.
But you can do this tomorrow morning but you must prepare the Court documents beforehand.
Can I clarify anything else for you?
yes but who will be liable for all costs
They would be if you get the injunction
Does that help?
including the injuction
thank you you have been a great help
Happy to help.
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