The short answer
Yes — potentially. If your neighbour has started notifiable work without serving a valid party wall notice, you can apply to court for an injunction to stop it. Because there is no notice, the building owner cannot rely on the Party Wall etc. Act 1996, and the court can restrain the work until matters are put right. An injunction is a serious step, so it is normally a last resort after you have asked them, in writing, to stop and serve a proper notice.
Why it matters
An injunction is the court ordering the work to stop. It is available because, without a notice, the building owner has no statutory right to carry out the work and may be committing trespass or nuisance. But the courts expect you to behave reasonably and act promptly:
- raise the issue in writing first, asking them to stop and serve notice;
- keep dated photographs and a record of the works and any damage;
- move quickly — delay can weaken an injunction claim.
Injunctions cost money and can require you to give an undertaking in damages, so they are not used lightly. Often the threat is enough: most builders stop and serve notice once they realise the work is unlawful. Note that if the work is already finished, an injunction is no longer the remedy — the question then becomes damages or making good.
What to do now
- Narrow the points in dispute. The more the owners can agree between themselves, the less the surveyors have to resolve — which keeps fees proportionate.
- If a surveyor is needed, use one. Both owners can appoint a single impartial ‘agreed surveyor’ rather than one each — quicker, cheaper and less adversarial. Coburns recommends a single agreed surveyor wherever possible.
- Act quickly — time matters for an injunction.
- Write to your neighbour asking them to stop and serve a proper notice.
- Record the current condition of your property with dated photographs.
- Take surveyor and, if needed, legal advice before applying to court.
- Consider whether agreeing a notice and award going forward is the faster, cheaper fix.
Common mistakes
- Waiting too long, which weakens an injunction claim.
- Rushing to court without first asking them to stop and serve notice.
- Assuming you can stop work that has been properly noticed — you cannot.
- Not recording the condition of your property.
When to call Coburns
Contact us as soon as you spot unnotified work. We can often get the right notice and award in place quickly, which resolves matters without the cost and stress of court.