If you’re planning building works that affect a shared wall or boundary, you must serve a Party Wall Notice under the Party Wall etc. Act 1996. Failing to do so can have serious legal and financial consequences for both you and your neighbour.
A recent Court of Appeal case, Power & Kyson v Shah [2023], highlighted exactly why serving notice is not optional — it’s fundamental.
Why the Party Wall Act Matters
The Act exists to provide a clear framework for resolving disputes when works affect a shared wall or a neighbour’s foundations.
By serving notice, you:
- Give your neighbour the chance to consent or dissent.
- Allow for surveyors to be appointed if there’s a dispute.
- Ensure any agreement or award is legally binding.
Without serving notice, none of these protections apply.
The Case: Power & Kyson v Shah
Mr Shah carried out works to his semi-detached home without serving a Party Wall Notice. His neighbours claimed damage and appointed a surveyor, who also appointed one on Mr Shah’s behalf. The surveyors awarded compensation for the damage — but the Court of Appeal later ruled the award was null and void.
Why? Because no notice had ever been served. As Lord Justice Coulson explained:
“The service of the notice is fundamental to the whole structure of this part of the Act.”
Without notice, the Act simply doesn’t apply.
What It Means for Homeowners
If a building owner fails to serve notice, both parties lose out:
- Neighbours cannot rely on the Party Wall Act for protection. Instead, they must pursue costly common law claims such as nuisance, trespass, or injunctions. These are often complex and can require large sums upfront.
- Building owners lose legal benefits the Act provides, such as:
- Access rights to a neighbour’s land for carrying out works.
- Evidence protection, like a schedule of condition to defend against false damage claims.
- Cost control, since disputes under the Act follow a clear, specialist process rather than lengthy, expensive court battles.
Far from being an advantage, skipping the Party Wall Notice can leave you exposed to higher costs, delays, and legal risks.
The Bottom Line
Serving a Party Wall Notice isn’t just about keeping your neighbour informed — it protects both sides. It ensures your works can proceed legally, provides a safety net if disputes arise, and can save you thousands in potential legal fees.
At Simple Survey, our expert Party Wall Surveyors guide you through the process from serving notices to drafting agreements, ensuring your project stays compliant and stress-free.
📩 Email our team today at team@simplesurvey.co.uk to get the right advice before starting your works.