Short answer: no. Under the Party Wall etc. Act 1996, the statutory process is prospective, not retrospective.
If notifiable works have already been carried out, you cannot “go back” and serve valid Party Wall Notices or obtain a lawful Party Wall Award for what has already happened.
Any suggestion of a “retrospective Party Wall Award” is a misunderstanding of the Act at best—and at worst, a sales pitch for a document with no statutory force.
Why the Act can’t be applied backwards
The Act sets out a clear sequence:
- Serve Notice (Sections 1, 3 or 6 depending on the works)
- Wait for the 14-day response (consent/dissent)
- Appoint surveyor(s) if there’s a dissent or deemed dissent
- Surveyor(s) make an Award regulating time and manner of the notifiable works
- Works proceed in accordance with the Award
That structure only makes sense before works start. An Award regulates the time and manner of notifiable work and sets protective conditions in advance. Once the trench is dug, steel is in, or beams are cut into the wall, there’s nothing for an Award to regulate. The ship has sailed.
But can’t we just fix it with a retrospective Award?
No. The Act contains no provision for retrospective Notices or Awards. If notifiable works are complete, a document branded as a “retrospective Party Wall Award” has no statutory standing.
At best, it’s a private agreement between neighbours—useful only to the extent both parties honour it. It will not magically confer the Act’s protections or cure non-compliance.
Be especially wary of anyone trying to sell or market a “retrospective Award.” If you need a private settlement (for example, to document repairs or compensation), call it what it is: a settlement agreement – not a Party Wall Award.
If works are finished, what protections remain?
Where the Act cannot assist (because it wasn’t used in time), the Adjoining Owner still isn’t powerless. Their protection shifts to common law. In practice, that means:
- They can pursue the Building Owner for damage, loss or interference caused by the works.
While the Act offers a faster, surveyor-led route when used correctly, common law is the default backstop when the statutory window is missed.
What to do if you’ve realised too late
If you’re the Building Owner
- Stop any remaining notifiable activities immediately. If parts of the scope haven’t started (or are ongoing), you may still be able to serve Notices now for the remaining elements and regularise the rest prospectively.
- Engage early with your neighbour. Offer pragmatic, documented proposals to inspect, repair or compensate where appropriate.
- Avoid paying for a “retrospective Award.” If you want a written deal, use a plain-English settlement drafted by professionals—and don’t pretend it’s an Award.
If you’re the Adjoining Owner
- Write to the Building Owner promptly. Identify the issues, request proposals and timescales for making good or compensating losses.
- Gather contemporaneous evidence. Dated photos, correspondence and expert input will matter if the dispute escalates.
- Beware optics of “retrospective Awards.” If you’re offered one, understand it carries no Party Wall Act authority. Consider a proper settlement agreement instead—or pursue your rights at law.
Lessons for next time
- Serve Notices early. For Section 2 works (to party walls/structures), give two months’ Notice; for Section 1 and Section 6, one month is the minimum.
- Don’t DIY if you’re unsure. Invalid Notices are a quick route to trouble.
- Use surveyors to prevent disputes, not to tidy them up after. The Act is designed to avoid court by structuring the project up front.
Our clear, low-cost fees
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted).
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (complexity & number of notices/owners can affect this).
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325
(we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained).
We’ll tell you plainly when the Act applies—and when it no longer can—so you don’t waste money chasing “retrospective” solutions that don’t exist.
Cut through confusion—get the right route, right now
Email team@simplesurvey.co.uk with your drawings, address and a brief timeline. We’ll confirm whether any remaining works can still be regularised under the Act, and if not, map a common-sense resolution plan to protect your position and keep neighbour relations workable.
Simple Survey — straight answers, fixed fees, and zero hype about “retrospective Awards.”