Overview
If your neighbour starts notifiable work without following the Party Wall etc. Act 1996, you still have options. The right response depends on what work is being carried out and how far it has progressed.
You do not always need to rush to court, but you should act promptly and keep a clear record.
Step 1: check whether the work is notifiable
The Act may apply to:
- work to a party wall or party structure;
- certain excavations within 3 metres or 6 metres of neighbouring structures;
- new walls built at or astride the boundary.
If the work is not notifiable, the Act does not apply. You may still have ordinary neighbour, nuisance, trespass or damage rights, but those are separate from the party wall procedure.
Step 2: if work is about to start
Act quickly but calmly:
- speak to your neighbour;
- follow up in writing;
- ask them to confirm what work is proposed;
- take dated photographs of your property;
- remind them that party wall notice may be required before notifiable works begin.
A short letter from a party wall surveyor often prompts compliance without the need for litigation.
Step 3: if work has already started
If notifiable work has started without notice, the practical options usually include:
- asking the building owner to stop and serve notice for the remaining notifiable work;
- seeking urgent legal advice about an injunction if the risk is serious;
- recording the condition of your property;
- pursuing any damage claim if loss occurs.
A key point is that the building owner remains responsible for the consequences of their work. Ignoring the Act does not remove liability.
Step 4: if work is complete
If the work is complete and no damage has occurred, there may be little practical benefit in taking further action.
If damage has occurred, prepare a clear claim:
- identify the damage;
- provide photographs and dates;
- obtain contractor quotations;
- set a reasonable deadline for response;
- take advice if agreement cannot be reached.
Depending on value, a claim may be dealt with through negotiation, insurers, solicitors or the court process.
Injunctions
An injunction can stop unlawful notifiable works, but it is a serious and potentially expensive court remedy. It should be considered where the risk is real, urgent and proportionate to the likely cost.