The Party Wall etc. Act 1996 establishes a legal framework for construction work carried out close to neighbouring properties, setting expectations around how those works should be communicated and managed.
We’ll look at the steps available to you when a Party Wall Notice has not been served, explain the implications at different stages of the works, and highlight where professional support may be beneficial.
At Stokemont, our surveyors work across a wide range of residential projects and are familiar with how Party Wall matters can arise in practice.
When Is a Party Wall Notice Required?
If your neighbour – formally referred to as the building owner under the Party Wall etc. Act 1996 – wishes to undertake construction works to their property, then they’re legally required to serve you with a Party Wall Notice. This must be done at least two months before the proposed commencement date of the works.
The Party Wall Notice should include the name and address of the building owner, the scale of the proposed work and the date on which the proposed work will begin.
The Party Wall Notice is in place to make adjoining owners aware of any works and provides them with three Party Wall response options.
What Happens If a Neighbour Fails to Serve a Party Wall Notice?
In some cases, building owners fail to serve notice, either because they’re unaware of the Act or because they believe the adjoining owners are unaware of it.
If you notice that the building owner is about to undertake construction works that fall under the Act, talk to your neighbour before the work commences. This will make them aware of the procedures that should be in place.
Should this discussion go to plan, the building owner will then serve you with a Party Wall Notice, which leaves you with the following three response options:
- Consent to the works
- Dissent and appoint a Party Wall Surveyor
- Dissent and appoint an Agreed Surveyor
For further guidance on how to proceed, get a free consultation with our team at Stokemont. We are always happy to answer your questions and provide practical advice on Party Wall matters.
Can You Stop the Works Without a Party Wall Notice?
If the building owner still fails to serve you with a Party Wall Notice, the only option that adjoining owners have is to apply for a Party Wall injunction through the courts.
It often comes as a surprise that, once construction work has started, there are no automatic penalties for failing to serve notice.
At Stokemont, we recommend seeking legal advice before pursuing a Party Wall injunction, as this route carries potential risks for adjoining owners. Injunctions can be costly to obtain and may result in significant delays to the building owner’s works.
Adjoining owners may also become liable for costs associated with those delays, including contractor fees, scaffolding hire, and equipment hire, which can escalate.
Where an injunction is deemed unnecessary, the adjoining owner may be responsible for the building owner’s legal costs.
For this reason, we strongly advise seeking guidance from an experienced Party Wall Surveyor before applying for an injunction. Our team will assess whether the proposed works are notifiable under the Party Wall etc. Act 1996 and advise on the most appropriate course of action.
Learn more about us and how our team works to support you.
What If the Works Have Already Been Completed?
Where a neighbour has completed construction works without serving notice, this does not mean they’re off the hook, as they have breached a statutory duty. The building owner still has a duty of care under common law to put right any damage caused to your property by their works.
If you find yourself in this position, and you believe your property has been damaged as a result of the building owner’s construction works, it’s advised that you seek advice from an experienced Party Wall Surveyor. This is because they can determine whether the damage is a result of the building owner’s work.
Where a Party Wall Surveyor believes that the damage has resulted from the works, a compensation claim may be pursued through the courts.
When a building owner chooses not to follow the procedures of the Act, recent case law has shown that no advantage is gained from failing to comply with statutory requirements.
The burden rests with the building owner to prove that any damage to the adjoining owner’s property is not a result of their recent construction works. This is a tricky task without a Schedule of Condition prepared by experienced Party Wall Surveyors.
Speak to a Party Wall Surveyor
Our surveyors take the time to understand your situation and explain how the Party Wall etc. Act 1996 applies to your property in straightforward terms. We will review proposed or completed works, talk through your options, and help you decide on the most appropriate next steps.
If you believe your neighbour is intending to carry out construction works that are notifiable under the Act, get in touch with us today to discuss your situation and receive professional guidance from our team at Stokemont.
No Party Wall Notice From a Neighbour FAQs
Can My Neighbour Carry Out Work Without Serving a Party Wall Notice?
No. If the proposed works fall under the Party Wall etc. Act 1996, the building owner is legally required to serve a Party Wall Notice. Failing to do so is a breach of statutory duty, although there are no automatic penalties once work has started.
Can I Stop My Neighbour’s Building Works If No Notice Was Served?
In some cases, yes. The only way to formally stop the works is to apply for a Party Wall injunction through the courts. This should always be treated as a last resort, as injunctions can be costly and may leave the adjoining owner exposed to financial risk if the application is unsuccessful.
What If My Property Has Been Damaged After the Works Are Completed?
The building owner still has a duty of care under common law to rectify or compensate for any damage caused by their works. A Party Wall Surveyor can assess the damage and advise on whether it is likely to have resulted from the construction works, supporting a potential claim if necessary.
