Skipping Party Wall Notices might feel like a shortcut. In reality, it’s one of the costliest ways to derail a project. The Party Wall etc. Act 1996 is designed to enable development while protecting neighbours; ignore it and you risk injunctions, loss of statutory rights, spiralling legal bills, and even having to undo completed work. Here’s what’s at stake—and how to avoid it.
1) Emergency Injunctions: Works Stopped Cold
If your neighbour discovers notifiable works have begun without notice, they can apply to court for an interim injunction. If granted, your site is shut until the court says otherwise.
Consequences:
- Immediate stoppage of work (often within 24–48 hours of the hearing).
- Legal fees for both sides, plus potential damages for your delay to them.
- You’ll still have to serve valid notices and go through the Act afterwards—only now under a cloud of dispute.
Typical headline costs owners report for an injunction episode (solicitors/barristers/court fees): £5,000–£20,000+—before you address any redesign or programme overrun.
2) “No Notice, No Act”: You Lose the Act’s Protections
Courts have confirmed that if no notice is served, the Act is not engaged. That means:
- No Section 8 access rights over your neighbour’s land. You may have to build awkwardly from your side or pause until you secure private permission.
- No surveyor-led dispute resolution under Section 10—any dispute is fought in common law (negligence, nuisance, trespass). That’s slower, pricier, and riskier.
- No straightforward pathway to regularise what’s already built if it turns out to be defective or encroaching.
3) Liability for Nuisance, Trespass, and Negligence
Without the Act’s framework, your neighbour can pursue you in the civil courts for:
- Trespass (e.g., encroaching foundations, building astride the boundary without consent).
- Nuisance (undue interference with their use and enjoyment).
- Negligence (where damage or loss flows from your works).
Judges can order damages, abatement (removal/alteration of offending works), and costs against you. Even if you ultimately “win,” the time and legal spend can dwarf the cost of lawful compliance.
4) Forced Redesigns and Rework
If you’ve started on a footing that would have needed neighbour consent (e.g., building astride the boundary under Section 1(2)), you may be forced to alter or remove it. Likewise, without access rights, safe methods or finishes may be impractical—leading to messy compromises, extra scaffolds, or costly temporary works.
5) Programme Chaos and Contractor Claims
Injunctions, rework, or access denials trigger delay. Contractors may seek loss and expense, prelims extensions, and re-mobilisation fees. Your professional team may need to redesign details to work from your side only. Every day lost on-site increases risk and cost.
6) Relationship Damage That Lingers
Serving notices late (or not at all) sets a poor tone. Even once paperwork is corrected, neighbours are far more likely to dissent, escalate points, and push for stricter conditions. What could have been a cooperative process becomes adversarial—and slower.
7) Problems at Sale or Refinance
Conveyancers routinely ask for Party Wall Notices and Awards where relevant works have been done. Missing paperwork can lead to:
- Indemnity policies, price chips, or retention requests.
- Buyer hesitation or withdrawals.
- Lenders asking awkward questions about compliance.
8) How to Fix It if You’ve Already Started
All is not lost—but move fast and carefully:
- Pause notifiable works immediately.
- Open dialogue with the neighbour; explain you’ll now follow the Act.
- Serve correct notices (Sections 1, 2 and/or 6 as applicable).
- Engage surveyor(s) promptly to steer the dispute-resolution process.
- Comply with any court directions if an injunction has been sought.
- Plan for access lawfully (you cannot rely on rights you never triggered).
Typical Compliance Costs (and Why They’re Cheaper Than Non-Compliance)
We keep Party Wall costs low, clear, and fast so you don’t end up in the legal weeds:
Transparent, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee, depending on complexity and number of notices/owners.
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side. (The Adjoining Owner’s surveyor often bills hourly; we work to keep those costs reasonable and contained.)
- Complex works (deep excavations, multi-owner blocks): we’ll still offer the fixed pricing as above!
- No surprises, no creeping extras. You’ll know the number before we start.
Compared with the cost of an injunction or a common-law dispute, lawful compliance is a bargain.
FAQs
Q: We’re “only” removing a chimney breast—do we really need notices?
Likely yes. Cutting into or cutting away from a party wall is typically Section 2 work and requires a 2-month party structure notice.
Q: My neighbour said verbally they’re fine—can I skip notices?
No. The Act requires written notices and formal responses. Verbal OKs don’t grant access rights or protect you.
Q: We started digging and the neighbour complained—can we serve notices now?
Yes, you can and should serve immediately. But be aware the neighbour may still seek an injunction given work already started. Pausing notifiable works helps.
Q: If my neighbour ignores the notice, am I stuck?
No. After 14 days with no reply, you serve a 10-day request. If still no response, you may appoint a surveyor on their behalf and proceed through the Act’s dispute process.
Q: Can the court make me take down what I’ve built?
In serious trespass/encroachment cases, yes. More often you’ll face damages and remedial orders—but removal isn’t off the table.
Q: Who pays the Party Wall costs?
Generally the Building Owner pays the reasonable costs of administering the Act because they benefit from the works.
Bottom Line
Failing to serve Party Wall Notices gambles your programme, budget, and neighbour relations. The Act exists to facilitate your build. Use it, and you’ll keep momentum, retain access rights, and resolve issues cheaply and quickly.
Need to get compliant—or clean up a non-compliant start—today?
Email team@simplesurvey.co.uk and we’ll get your notices out fast, map your lawful start date, and steer you back on track at the lowest total cost.
Simple Survey — fast, correct, low-cost Party Wall compliance, nationwide.