Before notifiable works begin, the Party Wall etc. Act 1996 requires the Building Owner to serve formal notice and either obtain consent or proceed via the Section 10 dispute route.
BUT WHAT IF THEY DON’T?
Here’s a practical guide to your options—and your limits—when works start without notice.
First, what you can’t do
Following Power & Kyson v Shah [2023], if no Party Wall Notice has been served, the Act’s machinery is not engaged. That means you cannot appoint surveyors under the Act, and no valid Party Wall Award can be made. In short: No Notice, No Act—your remedies sit in common law (e.g., injunctions, nuisance, negligence, trespass).
Step 1: Work out how far the works have progressed
You may not be able to access the site, so rely on what you can see from the boundary, deliveries, and visible activity.
- Very early stage / pre-excavation: Risk may still be managed with dialogue and a late pivot to compliance.
- Active structural works (cutting in, excavations, underpinning, removals): Risk is higher; consider urgent action.
Step 2: Protect your position immediately
Send a polite written notice to the neighbour: they’ve likely been misadvised; invite them to pause, serve proper notices, and regularise the process.
Costs for evidence gathering may be recoverable later depending on outcome—but budget on paying up-front.
Step 3: Choose your route
Route A — Dialogue & late compliance (often best if works are early)
- Ask the Building Owner to pause and serve notices properly.
- If a chunk of notifiable work remains, both parties can agree to treat prior works as if notified and move forward with consent or a Party Wall Award (protective clauses, access protocol, damage procedure).
Pros: Fast de-escalation, protections going forward.
Cons: Relies on neighbour cooperation.
Route B — Interim injunction (for active/high-risk notifiable works)
- Seek legal advice on an urgent application to halt works until the process is followed—or the court rules otherwise.
- You’ll need credible evidence that notifiable works are underway or imminent.
Pros: Stops risk quickly; strong leverage to force compliance.
Cons: Costly; if you’re wrong on the facts, you could face cost consequences. Full recovery of legal costs is rare—expect partial recovery at best even if successful.
Route C — Do nothing (about the lack of notice) but keep evidence
- Sensible where risk of damage is low and relations are fragile.
- Keep your evidence pack current. If damage appears, you’ll pursue common-law remedies (not a Party Wall Award).
Risk & decision matrix
| Situation | Suggested route | Why |
| Early-stage, neighbour cooperative | Dialogue & late compliance | Fast protections; saves legal spend |
| Active excavations/cutting-in; risk high | Interim injunction | Urgent risk control; forces proper process |
| Minor, low-risk works; poor neighbour relations | Do nothing (re notice) + evidence | Preserve claim options; avoid escalation |
Common pitfalls to avoid
- Leaping to appoint surveyors under the Act without a Notice: invalid after Power & Kyson.
- No paper trail: Always write (email/letter). Keep copies and date-stamped photos.
- Over-promising in pre-action letters: Stick to facts; don’t allege criminality or malice.
- Assuming all costs will be recovered: Courts frequently trim costs even when you win.
Key takeaways
- No Notice, No Act: you can’t invoke surveyors/Awards until a valid notice is served.
- Choose between late compliance, injunction, or monitor & evidence, based on risk and progress.
- Document everything. Courts dislike owners who skip the Act and may tilt the evidential balance against them if damage occurs.
Want a calm plan tailored to your situation?
Email team@simplesurvey.co.uk—the lowest-cost party wall surveyors across England & Wales—for a same-day risk review, neighbour letter, and a route map (late compliance vs injunction strategy with your solicitor) that protects your home and cuts through the noise.