If you believe your neighbour is carrying out notifiable works under the Party Wall etc. Act 1996 and you have not received a Party Wall Notice, it is sensible to act early—particularly if you have concerns about safety, vibration, or potential damage to your property.
The key is to respond in a structured way: confirm whether the works are notifiable, raise the issue formally, and take professional advice promptly. Delay often increases risk and reduces your options.
What counts as “notifiable works”
Notices are commonly required where a neighbour is:
- working on a party wall or party structure (for example cutting in beams or removing a chimney breast that affects the shared wall),
- building at or on the boundary line in certain circumstances, or
- excavating near your foundations (commonly for extension foundations or deeper works).
If any of these are happening without notice, it is reasonable to be concerned.
What you should do immediately
- Put your concerns in writing to the neighbour
Keep it calm and factual. State that you believe the works may be notifiable under the Party Wall etc. Act 1996 and that you have not received notice. - Ask for clarification of the works and the intended programme
Often, misunderstandings happen because scope is not explained clearly. - Seek professional party wall advice quickly
Early advice is usually cheaper and more effective than trying to “catch up” once works are underway.
Injunctions (only in urgent or serious situations)
If notifiable works are proceeding without the required process and there is genuine concern that damage may occur or rights are being ignored, injunctive relief can be a legal option. This is a court matter and requires a solicitor. It is not the first step in most cases, but it can be appropriate where:
- the risk is serious, and
- informal resolution is not possible, and
- works are continuing in a way that threatens your property or rights.
The practical point: injunctions are serious and expensive, but sometimes necessary where works proceed unlawfully and risk cannot be managed any other way.
Notice Received from a Neighbour? Your 14-Day Response Matters (Simple Survey)
If you have received a Party Wall Notice, you should respond in writing within 14 days. Do not ignore it, and do not delay on the assumption that the notice is invalid.
Your response options (in simple terms)
You generally have two core choices:
1) Consent (agree in writing)
This can keep matters straightforward. However, you should only consent if:
- you understand what is proposed, and
- you are comfortable that the works and timing are clear.
If you want extra reassurance, you can request that sensible safeguarding steps are included within the approach taken.
2) Dissent (do not consent)
Dissent does not mean “stop the works”. It means you are not giving written consent and you want the matter concluded through the Act’s formal procedure.
Dissent is often sensible if:
- you have concerns about risk to your property,
- the scope is unclear,
- you want the statutory procedure to govern how things are done, or
- you prefer surveyor involvement to keep matters structured and impartial.
Why responding is essential
If you do not respond within the response period, the matter is commonly treated as a dispute for procedural purposes. That can lead to surveyor appointment steps progressing without your active input.
If you intend to appoint a surveyor, responding promptly helps protect your free choice and reduces the risk of decisions being made while you are still “considering it”.
Should Works Proceed Without an Award?
If you dissent (or do not give written consent), the party wall matter is typically concluded by a Party Wall Award under the Act’s dispute procedure. An Award is a legally binding document that sets out:
- what works are permitted under the Act,
- how and when they are to be carried out,
- what protections and practical controls apply, and
- how relevant costs are dealt with under the party wall procedure.
The purpose is to reduce uncertainty and prevent disputes escalating into arguments and claims mid-build.
Dissenting to the Notice: a sensible way to protect your position
If you have concerns that:
- the works may cause damage,
- the works are unclear,
- the works could affect your property structurally or practically, or
- you want a formal process rather than informal assurances,
then dissenting within the allowed timeframe can be a reasonable step.
A practical point: while some people try to use party wall procedure to delay projects, the Act is designed to allow lawful works to proceed once the process is properly followed. A competent surveyor keeps the file moving by being structured, proportionate, and proactive—so the process remains protective without becoming obstructive.
In many typical domestic situations, the building owner undertaking the works commonly pays the reasonable costs of the party wall procedure where the works are solely for their benefit—meaning adjoining owners can obtain proper professional protection without funding the process themselves.
Get Cost Saving Pro Advice Now
If you believe notifiable works are happening without notice, or you have received a notice and want clear advice on whether to consent or dissent, contact Simple Survey. We explain your options in plain English, act promptly to protect your position, and keep matters structured and proportionate. We are built around low-cost fixed-fee pricing and aim to be the UK’s cheapest party wall surveyors, without compromising professional standards.