Snapshot
In 2018, building works were carried out at a home in Dagenham without serving any Party Wall etc. Act 1996 notices on the neighbours. Damage was alleged, surveyors became involved anyway, and an “award” was issued—only for the courts to later hold that, because no notice was ever served, the statutory dispute process had never been engaged. The award was therefore void.
This line of decisions (culminating in dismissal of appeals) clarifies a key point: if no notice is served, the Act isn’t triggered, and Section 10 cannot be used. The adjoining owner’s remedies lie in common law (e.g., nuisance, negligence, trespass) unless and until the Act is properly invoked.
This article is an information guide, not legal advice.
The Story (Simplified)
- Works proceeded without a Party Wall notice, reportedly including removal of a chimney breast.
- The adjoining owners appointed a surveyor, who then appointed one for the building owner (who disputed the Act’s applicability).
- A party wall “award” was issued ordering compensation and fees.
- The building owner challenged the award via Part 8 proceedings, arguing the Act didn’t apply because no notice had been served.
- The court agreed: no notice = no Section 10 dispute = award void. Subsequent appeals were dismissed.
Why It Matters
1) No notice, no Act
- The Act’s machinery (including Section 10 dispute resolution and surveyor-made awards) depends on service of a valid notice.
- Without notice, surveyors have no statutory jurisdiction to make an award.
2) Remedies shift to common law
- Adjoining owners facing notifiable works started without notice must consider injunctive relief and/or claims in nuisance, negligence, and trespass.
- An injunction can halt works pending proper process, but legal costs are initially the applicant’s (usually recoverable if later justified).
3) No statutory “rights” for the building owner
- Proceeding without notice means the building owner cannot rely on Act rights, such as statutory access or the controlled framework for doing the work.
- Actions that might have been permissible with an Award can become trespass or nuisance without one.
Practical Guidance
For Building Owners
- Serve the correct notices before doing notifiable works (Sections 1, 2, 6 as applicable).
- If you skip notice, you risk:
- Injunctions, immediate delays and cost;
- Loss of statutory protections (including access);
- Common-law liability for damage or interference.
For Adjoining Owners
- If works start with no notice, don’t assume a surveyor can fix it via Section 10—they can’t.
- Consider urgent steps:
- Write to the neighbour demanding compliance and a pause to serve notices;
- Seek injunctive relief if risk is imminent;
- Preserve evidence (photos, dated notes).
- If notices are later served, you can consent or dissent, appoint surveyor(s), and secure an Award with protections and a Schedule of Condition.
Key Takeaways
- Jurisdiction hinges on notice. No notice = no Party Wall Award.
- Adjoining owners must look to injunctions and common-law claims when works start unlawfully.
- Building owners who bypass notices lose Act protections and invite delays, costs, and potential liability.
Want a fast, low-cost plan for your situation?
Email team@simplesurvey.co.uk. As the lowest-cost party wall surveyors across England & Wales, Simple Survey can:
- audit your project for notifiability,
- draft and serve compliant notices,
- support urgent injunction strategy with your solicitor if works have started without notice, and
- deliver robust Awards to protect both sides.