The short answer
If your neighbour starts notifiable work without following the Act, you still have options — but act promptly and keep a clear record. You do not always need to rush to court; the right response depends on the work and how far it has progressed.
Why it matters
First check whether the work is even notifiable: work to a party wall or structure, certain excavations within 3 metres or 6 metres of your structure, or new walls at or astride the boundary. If it is not notifiable, the Act does not apply, though ordinary nuisance, trespass and damage rights may. If it is notifiable, the building owner remains responsible for the consequences of their work — ignoring the Act does not remove liability.
What to do now
- If work is about to start: speak to your neighbour, follow up in writing, ask them to confirm the proposed work, take dated photographs, and remind them notice may be required. A short letter from a surveyor often prompts compliance.
- If work has started: ask them to stop and serve notice for the remaining work, record your property’s condition, seek urgent advice about an injunction if the risk is serious, and pursue any damage claim.
- If work is complete with no damage, there may be little benefit in further action; if there is damage, build a clear claim with photographs, dates and contractor quotations.
Common mistakes
- Doing nothing while notifiable work proceeds.
- Failing to record your property’s condition early.
- Reaching for an injunction emotionally rather than where the risk is real, urgent and proportionate.
When to call Coburns
If a neighbour is ignoring the Act, send us the details and dated photos and we will advise the right next step — often a letter that prompts compliance without litigation.