You look out the window and see your neighbour breaking ground or opening up a shared wall—yet no Party Wall Notice ever landed on your doormat. It happens more often than you’d think. Sometimes it’s an honest oversight; sometimes it’s a calculated gamble to “get on with it.” Either way, the Party Wall etc. Act 1996 puts the legal obligation squarely on the Building Owner to serve valid notice before starting any notifiable works. If they haven’t, you still have options—but timing matters.
First principles: Notice comes first
Under the Act, a Building Owner must serve written notice for:
- New walls at or astride the boundary,
- Works to a party wall/party structure (cutting in steels, raising, demolishing and rebuilding, etc.),
- Adjacent excavation within 3 m (or 6 m where deeper than the neighbour’s foundations on a 45° line).
Only after notice, any responses, and (where consent isn’t given) an Award from surveyor(s), can notifiable work lawfully proceed. Skipping notice undermines the protections the Act is designed to give both sides.
Why speed matters for Adjoining Owners
The Act is not retrospective. It regulates how notifiable works are done while they’re underway; once those works are finished, you can’t “turn back the clock” and insist on an Award for them. If you wait until the dust has literally settled, your recourse moves to common law (nuisance, trespass, negligence) rather than the swift, purpose-built mechanisms of the Act.
That’s why you should act quickly the moment you discover work has started without notice—especially if excavation or party-structure alterations are ongoing.
Practical steps if work has already started
1) Write immediately requesting compliance.
Send a calm but firm letter or email to the Building Owner (copy the contractor if known) stating that the works appear to be notifiable under sections 1/2/6 of the Act and requiring service of valid notices without delay. Ask them to pause notifiable elements until the Act is complied with.
2) Keep evidence.
Photograph and/or video what’s happening, note dates and times, and keep any correspondence. This isn’t about point-scoring—it’s about a clear record should there be later disagreement.
3) If they cooperate—bring the project back inside the Act.
Once notices are served, you can respond. If you don’t consent, surveyor(s) are appointed and an Award can be made mid-project, regulating method, sequence, protection measures, working hours for noisy operations, temporary weathering to exposed walls, and more. The Award also sets out responsibility for making good any proven damage or payment in lieu.
4) If they refuse—consider urgent legal remedies.
Where a Building Owner continues notifiable works without notice, you may need to seek an injunction to halt them until the Act is complied with. Courts expect parties to act promptly; delay weakens the case for urgent relief. Speak to a solicitor if you’re ignored or stonewalled.
5) If the notifiable works are already complete.
The window for the Act’s protections has likely closed for those elements. Your remedies switch to common law routes (e.g., claims for trespass, nuisance, or negligence). That pathway is slower and more adversarial—which is precisely why it’s better to corral ongoing works back under the Act if you still can.
Why it’s in everyone’s interest to fix this early
For Building Owners, ignoring the Act risks injunctions, delays, and increased costs. For Adjoining Owners, the Act delivers quick, practical controls: it sets how the works proceed, ensures access arrangements are sensible, keeps inconvenience “necessary” not excessive, and provides a clear route to making good or compensation if something goes wrong. Nobody wins by letting this fester.
Common misconceptions to avoid
- “We have planning permission, so we’re covered.” Planning and party wall are separate legal tracks. One does not replace the other.
- “It’s only on our land.” Adjacent excavation and some boundary works still trigger the Act even if no wall is shared.
- “We’ll serve notice later.” Notice must precede notifiable works; serving late does not cure what’s already been done—but it can still regulate what remains.
How we help (fast)
If you’re an Adjoining Owner and works have started without notice, send us photos and a short summary. We’ll:
- Confirm if the works look notifiable,
- Draft a clear “request for notice” that gets traction,
- If notices are then served, represent you to secure a robust Award before further risky work proceeds.
If you’re the Building Owner who’s realised you’ve jumped the gun, we’ll help you regularise the position quickly, serve valid notices, and keep your programme moving with minimal friction.
Need immediate guidance?
Email team@simplesurvey.co.uk with “Works started without notice” in the subject and a brief outline. We’ll respond with clear next steps the same day.
Simple Survey — the most cost-effective party wall surveyors in England & Wales. Get compliant, stay neighbourly, and keep your project on track.