A CHARITY worker has told how her neighbour damaged her fence and path by building a “monstrous” extension.
Lisa Whitaker claims she has been living in a “nightmare” since her neighbour built his first floor extension on in Acton, West London.
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In August 2022 the neighbour secured planning permission to build and in December, he then asked Lisa for a Party Wall Agreement.
This would mean he could build the wall right next to her bedroom window – but she claims she was not informed of the work correctly, and she was not given enough time.
Lisa says she was given a letter on December 30 saying work was set to begin – but it was dated December 6.
She told MyLondon: “Within the space of three weeks, I have had to deal with a hell of a lot and before this, I didn’t know anything.
“I’m a woman on my own, I don’t know anything about what is going on but I was fighting it by myself.
“I didn’t have time to breathe and I did get stressed. I recognise that I haven’t dealt with it very well, I have lost it a couple of times.”
However, Lisa’s neighbour says she was informed within the correct amount of time.
He said: “I did serve her notice, she knew about this back in May and so did everyone else.”
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Under the Party Wall Act 1996, neighbours have 14 days to respond to the notice.
If neighbours can’t agree, then a surveyor is appointed to agree on a “party wall award” that deems when work will begin, how it will be carried out and who will pay for each part.
Without an agreement from Lisa, her neighbour appointed a surveyor to agree on the conditions of the build.
However, Lisa says the appointed surveyor left her questions unanswered.
On January 6 she was given another letter of notice – and two weeks later work began.
She said: “Suddenly I’m having to put up with all this noise, they’ve got around a loophole, something to do with the foundations.
Party Wall Act notice
The Party Wall Act 1996 is a piece of legislation designed to prevent and resolve disputes between neighbours over building or digging work that affects a party wall.
A party wall is a wall shared between you and your neighbours common in semi-detached homes and terraces. However, your extension could fall under Party Wall rules.
A Party Wall notice must include the names of the owners planning the work, details of the construction, when it will start and be signed and dated.
RICS has produced a guide for homeowners on Party Wall regulations. Your neighbours could take legal action if you don’t serve notice.
“They then started ripping the fence down, the only reason that fence is still there is because I work from home.
“I made it very clear I had not given permission for that fence to come down. They’ve created holes in my concrete path and the fence doesn’t touch the ground.”
Lisa neighbour has now agreed to fix the damage, but because work won’t go any lower than the foundations the party wall agreement is no longer in use.
Now, because of this, she claims she has no say in the work unless she forks out £150-an-hour for a solicitor – which she can’t afford.
She fumed: “I’ve got two windows and a door facing this development, my bedroom is a lot darker now.
“They’ve used black brick which is why that fence is not going because it is lighter. I don’t want my bedroom looking at a black brick.”
An Ealing Council spokesperson said: “The approach for a development of this size is for site notices to be put in place to allow for any comments to be made in relation to the application.
“This was the case for this planning application and is the same for all developments of this level.”
