Party wall surveying is a blend of statute, legal procedure, building pathology and—crucially—timing. The Party Wall etc. Act 1996 is designed to be followed before you start notifiable works. So when a Building Owner asks, “Can you serve a retrospective Party Wall Notice?” the only correct professional answer is: no.
Below we explain why retrospective notices and “after-the-event awards” aren’t a thing under the Act, the risks of buying a flimsy workaround, and the sensible steps you can take now—whether you’re the Building Owner or the Adjoining Owner.
1) Why a “retrospective notice” is impossible under the Act
The Act is a forward moving procedure. It requires the Building Owner to notify neighbours in advance (typically 1 month for Section 1 & 6 and 2 months for Section 2 works) and, if there’s a dissent, to have an Award in place before the notifiable work starts. Once the notifiable element is completed, you can’t make that step exist in the past; there’s no mechanism to validate it retroactively.
If the notifiable works are already complete, you cannot resurrect the statutory process for those works. Any “retrospective” document isn’t a Party Wall Notice or Award—it’s just a private agreement.
2) Beware of “retrospective awards” or glossy private contracts
Some firms peddle “retrospective Party Wall Notices” or “retrospective Awards.” These are marketing labels for private contracts that attempt to paper over missed statutory steps. They often:
- Recite that the Act was not followed,
- Promise to “make good” any damage,
- Try to mimic the look of an Award.
The problem? They don’t create statutory rights or protections. They do not become enforceable as a Party Wall Award in the Magistrates’ Court, and they don’t fix defects in service or timing. If challenged, they’re just contracts—of variable quality—reliant on civil enforcement.
Bottom line: If a surveyor offers to “regularise retrospectively,” be cautious. A competent, impartial surveyor will tell you straight: you can’t backdate compliance.
3) If works are underway, act now (what’s still notifiable can still be handled)
All is not lost if you’ve started. The right move is to pause the notifiable elements and get the process back on statutory rails for anything not yet done:
- Identify what elements remain notifiable (e.g., further cutting into the party wall, remaining excavations, raising or underpinning still to come).
- Serve valid Notices now for those items, observe the statutory response times, and proceed to an Award if there’s a dissent.
- Expect surveyors to require protective working methods and clear conditions to limit further risk.
This won’t fix what has already happened, but it will limit further exposure and restore a lawful framework for the remainder.
4) If the notifiable works are finished, your risk shifts to common law
Once notifiable works are complete without Notices/Award, disputes move to common law (nuisance, trespass, negligence), not the Party Wall Act. That means:
- Adjoining Owners may seek compensation or an injunction via the courts.
- Building Owners face potential claims without the procedural shield an Award usually provides.
This is exactly why the Act exists: to avoid expensive, uncertain litigation by setting up a clear, enforceable, pre-works protocol.
5) Practical steps—right now
For Building Owners
- Stop any remaining notifiable work.
- Instruct a competent, RICS-qualified surveyor to review drawings and as-built status.
- Serve Notices for any notifiable items still to come and progress to an Award where required.
- Proactively engage your neighbour—acknowledge the lapse, share your plan to comply hereon, and provide clear contact details for your surveyor.
- Be ready to address allegations of damage quickly and cooperatively to avoid escalation.
For Adjoining Owners
- Write (and keep a record): notify the Building Owner of your concerns and ask for their surveyor’s details.
- If notifiable works remain, request valid Notices and the statutory procedure moving forward.
- If damage has occurred, ask that it be dealt with formally—either under a new Award (if further notifiable works remain) or under common law if all notifiable works are done.
6) How Simple Survey can help—properly, not retrospectively
We won’t sell you a “retrospective” notice. We will:
- Review your plans and site position quickly,
- Confirm what is (and isn’t) notifiable,
- Serve valid Notices for any remaining notifiable works,
- Move efficiently to a robust Party Wall Award where needed,
- Help reset neighbour relations with clear, transparent communication.
Transparent, low, fixed pricing
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325 for our side
We work to keep your neighbour’s surveyor’s hourly fees reasonable and contained.
Talk to a straight-talking expert today
Email team@simplesurvey.co.uk with your address, drawings and a brief timeline of what’s been done. We’ll tell you—clearly—what’s still notifiable, how to protect your position now, and what a compliant path forward looks like, all on fixed fees.
Don’t buy a “retrospective” mirage. Get the real statutory process back on track with Simple Survey.