Urgent help
Work started without a party wall notice
It happens more often than you would think, usually by accident. The sooner it is dealt with, the easier it is to put right.
- The Act still applies
- Act quickly
- Keep a record
If you are the neighbour
- Speak to the building owner or their builder. Politely ask whether party wall notices have been served. Sometimes they have simply gone astray.
- Photograph your property now. Date the photos and concentrate on the party wall side, any cracks, the roof and the garden boundary.
- Put it in writing. Ask them to serve notice under the Party Wall etc. Act 1996 and to stop work that affects the shared wall or your foundations until they have.
- Call us. We can contact the building owner, explain what the Act requires and get the process moving. Very often a notice follows within days and surveyors are appointed.
- If work carries on regardless, take advice from a solicitor. The courts can grant an injunction to stop work that has not followed the Act.
If you are the building owner and the notice was missed
Pause the parts of the work that affect the shared wall or next door's foundations, and serve notices straight away. Then talk to your neighbour. Work done without notice falls outside the Act's protection, which leaves you open to claims in nuisance or trespass and, in some cases, an injunction. Putting it right now is quicker and cheaper than defending it later.
If damage has already happened
Record it with dated photographs and tell the building owner in writing. The right route depends on what has been done and when, and we can advise you on it. We quote a fixed fee once we know what has been done.
We are party wall surveyors, not solicitors. Where a dispute needs a court, we will say so and suggest you take legal advice.
Questions people ask
Is it illegal to start work without a party wall notice?
It is not a criminal offence, but it breaks the building owner's duty under the Act. It can lead to the court stopping the work, and it leaves the building owner open to claims outside the Act's framework.
Can a notice still be served after work has started?
Yes. A late notice is far better than none. Surveyors can then be appointed and an award made for the work still to come.
Should I call the council?
Not about the party wall. The council has no role in party wall matters. Contact them only if the work looks dangerous or breaks planning or building regulations.