What Citizens Advice have told you is correct but there is no reason why, because of the nature of the work and the potential for water pouring through the roof, you could not make an emergency application and you could have an order and a couple of days.
Precedent doesn’t apply here.
If I were the neighbour, I would also be asking for a copy of the insurances because if there is a problem,. Particularly a major problem, I don’t want to be dealing with a man of straw.
The other potential problem here is that if next door is in bad condition, actually disrupting anything could cause a problem for which you and your builders would be liable. However that’s a practical problem at this stage not a legal one.
You can’t beat your neighbour with a blunt instrument until he capitulates and agrees and your only remedy is an application under the Act mentioned earlier.
We can give you a blow by blow guide on how to make the Civil Procedure Rules part 8 application and how to make it urgent but there is a normal extra fee for that. If you’re interested in that, I will submit a premium services proposal for you.
All you would need to do then is complete the paperwork and send it to the court.
You can tell the neighbour that you have been advised by Citizens of Advice and an online solicitor to make the application AND you will ask the court order that the legal costs against him on the grounds of his breach of the Act and is unreasonable behaviour so before you do that, does he want to reconsider otherwise you will be making the court application tomorrow on an emergency basis and it will be in court in a couple of days.
Thank you for letting me assist you with your legal question. I am glad that I was able to help.
I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.
It will be my pleasure to help you again either further with this or any future questions you have