A served Party Wall Award isn’t a suggestion; it’s legally binding under the Party Wall etc. Act 1996. If your neighbour (the Adjoining Owner) or their contractor ignores its terms—blocks access, refuses agreed protections, carries out prohibited works, or refuses to pay sums due—you have clear routes to enforce the Award and keep your project on track.
Below is a practical, step-by-step plan that balances speed, cost and neighbour relations—so you can resolve breaches quickly and safely.
First checks (today)
- Read the Award conditions again
Pinpoint exactly which clause is being breached (access, working hours, method, protections, payments, making good/compensation, etc.). Clarity now saves time later. - Record what’s happened
Log dates, times, who said what, photos of any blocked access or non-compliant work areas, and any costs you’re incurring (idle labour, plant, alternative methods, temporary works). - Keep the build aligned
Don’t retaliate with your own breach. Staying compliant strengthens your position if enforcement is needed.
Escalation ladder (fast but fair)
Step 1: Written notice to comply (24–48 hours)
Send a short, calm email/letter referencing the specific Award clause(s) and a deadline to comply. Attach the Award. Make it easy to say “yes”: propose practical dates/times, named contacts, and the safest workable method.
Step 2: Surveyor involvement (immediately after)
If the breach continues, loop in the appointed surveyor(s). Under Section 10, they can issue a further Award to resolve new disputes (e.g., access windows, protective measures, cost consequences for delays or obstruction). This is often the quickest, cheapest fix.
Step 3: Legal enforcement (as needed)
If a further Award or written requests are ignored:
- Access being refused?
The Act provides a right of access for notifiable works with proper notice. If the premises are closed and access has been lawfully refused after notice, attendance with a police officer can be arranged to gain entry and prevent breach of the peace (you must still act proportionately). - Non-payment / sums due under the Award?
Recover as a debt under the Award via the court’s. Awards carry legal weight; you’re enforcing a debt, not arguing liability from scratch. - Continuing or serious breach (risk of damage or programme collapse)?
Seek a court injunction to compel compliance or halt offending acts. Courts expect parties to have followed the Award and used the surveyor route first; your documented attempts help.
Appeal window reminder: An Award can be appealed in the County Court within 14 days of service. After that, it stands. “Ignoring” is not an appeal.
Typical scenarios & how to handle them
- Access blocked on an agreed date
Re-serve a short written request aligning with the Award. If blocked again, ask the surveyor(s) for a short, targeted addendum Award setting new dates and consequences for non-compliance. Persisting refusal = injunction or statutory access with police attendance. - Neighbour insists on extra conditions not in the Award
Direct them back to the Award. If a genuine change is needed, the surveyor(s) can vary by further Award; unilateral demands aren’t binding. - Adjoining Owner refuses to pay sums due under the Award
Treat it as debt recovery. Send a 7-day letter before claim, then issue proceedings for the Award sum plus fixed costs/interest allowed by the court. - They say the Award is “invalid”
Only the court can set it aside on appeal within 14 days. If that time’s gone, it’s binding unless a court orders otherwise.
Costs & commercial reality
- Your cheapest fix is nearly always surveyors first (clarify, vary, addendum Award), then laser-focused legal steps if required.
- Indicative legal costs (ballpark):
- Letter before action: low hundreds in fees (recoverable in part).
- Injunction (urgent, with counsel): £5,000–£20,000+ depending on urgency/complexity. Courts may apportion costs.
- Our transparent, fixed pricing keeps your total spend predictable:
- 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.
FAQs
Is ignoring the Award a criminal offence?
No—but it’s a civil breach with enforceable consequences (debt recovery, injunctions, cost orders). Courts look unfavourably on owners who disregard a valid Award.
Can I change the works to avoid dealing with my neighbour?
You must still comply with any applicable sections of the Act. Side-stepping the Award mid-project often creates new breaches and more delay.
Can I claim my delay costs back?
Potentially. If the Award (or a further Award) addresses obstruction/delay, surveyors can determine liability. Courts can also award costs where injunctions or debt orders were necessary because of non-compliance.
They’re inside the 14-day appeal period—do I have to stop?
An appeal doesn’t automatically stay the Award. Seek advice fast: sometimes a short, sensible pause avoids a rushed injunction application from the other side.
Police won’t attend for access—what then?
It happens. Your next step is usually a short-notice injunction to compel access per the Award.
Do I need a solicitor from the start?
Not always. Many breaches are resolved by the surveyor(s) via a crisp addendum Award. If court action is required, we’ll coordinate with specialist solicitors so you only pay for what’s necessary.
Key takeaways
- A Party Wall Award is binding; ignoring it is a fast route to injunctions, debt judgments and costs.
- Move quickly but proportionately: written notice → surveyors → court (if needed).
- Good records and calm, specific correspondence help you win quickly—or avoid court altogether.
Need swift, no-drama enforcement?
We’ll assess your Award, write the “comply now” notice, coordinate a further Award if needed, and line up the legal route if the neighbour still won’t play ball—fast, fixed-fee and by the book.
Email: team@simplesurvey.co.uk
Simple Survey — the fast, low-cost way to keep Party Wall projects moving.