A properly served Party Wall Award is legally binding on both owners. If the Building Owner (the party doing the works) drifts from the Award—or ignores it altogether—the Adjoining Owner doesn’t have to tolerate it. The Party Wall etc. Act 1996 gives clear remedies to halt non-compliant work, prevent damage, and recover losses.
Below is a practical route map to deal with breaches quickly and decisively.
1) Identify the breach—and keep it factual
Common non-compliances include:
- Working outside permitted hours or methods set in the Award
- Failing to install specified protection (temporary weathering, dust/impact measures, hoarding)
- Undertaking unawarded work (design changes, deeper excavation, extra openings)
- Refusing reasonable access for the surveyor to inspect Awarded works
- Not making good or not paying determined sums
Log dates, times, what you saw, and any correspondence. Concise, factual notes make later enforcement faster.
2) Notify the surveyors immediately
The Award should name the appointed surveyor(s) and set inspection rights. Email them straight away with:
- The specific clause being breached
- What’s happening on site
- What you want done (e.g., stop a particular activity, install protection, follow the method statement)
Why this matters: Under section 10, surveyors can determine further matters “arising out of or incidental to” the dispute, including issuing a further or supplemental award to correct course, tighten conditions, or decide costs arising from the breach.
3) Ask for urgent directions (and, if needed, a supplemental award)
Where programme pressure is high, the surveyors can move quickly. Typical interventions include:
- Immediate cease-and-cure directions (e.g., pause noisy works outside hours; install specified temporary protection before resuming)
- Clarifying method statements, sequences, and supervision requirements
- Determining interim payments for proven loss or damage tied to the breach
- Requiring security for expenses (where justified) to protect against foreseeable risk
If there are two surveyors and they can’t agree, either can refer discrete issues to the Third Surveyor for a fast determination.
4) If the breach continues—escalate to court
Awards create legal obligations. Persistent non-compliance justifies court action:
- Injunctions (County Court/High Court): Where swift relief is needed (e.g., unsafe excavation, removal of protection), an injunction can stop the works until compliance is restored. Courts act quickly where safety or property risk is clear.
- Debt recovery / enforcement of sums: Determined fees and sums in an award are recoverable. Section 17 allows Magistrates’ Court recovery of costs awarded to a surveyor; owners commonly use county court procedure for other sums due under the Award.
- Damages: Where losses flow from breach, you may claim compensation.
Tip: Well-documented, surveyor-led steps (above) make injunctions and enforcement markedly easier.
5) Don’t confuse “contractor convenience” with compliance
A frequent flashpoint is a contractor asking to “work around” an Award due to access or sequencing. The test isn’t convenience; it’s the Act and the Award. If a different approach is genuinely necessary, the Building Owner should seek a design change via the surveyors, who can decide whether the Act applies, whether a fresh notice is required, and how (or if) the new method can proceed. Working first and asking later is what lands projects in court.
6) For Building Owners—fix it fast
If you’re the Building Owner and receive a non-compliance letter:
- Stop the non-compliant activity immediately
- Call your surveyor and agree remedial steps (and a communication plan with the neighbour’s side)
- Offer practical assurances (clear programme, named contact, timeframe to put protections in)
- Expect costs exposure where your breach has caused additional surveyor time or loss next door
Swift, transparent cooperation is cheaper than injunctions, delays and reputational harm.
FAQs
Can I refuse access to my property because they’re in breach?
Not automatically. Access awarded under the Act remains in place, but surveyors can condition or temporarily suspend it to secure safety or compliance. Take advice before obstructing access; blanket refusal can backfire.
Do I always need a court?
No. Many breaches are resolved by supplemental awards and site directions. Go to court when risk is significant or non-compliance persists.
The works changed—does the Award still apply?
Only to the awarded works. New notifiable elements usually require fresh notice and, if dissented, a new or varied award. Doing extra notifiable work without notice/award is a breach in itself.
How Simple Survey helps you regain control
We act quickly to stabilise situations, keep communication tight, and restore compliance:
- Rapid review of your Award and site position
- Clear directions to the contractor via the surveyors’ mechanism
- Drafting supplemental awards to regularise methods, hours, protection and payments
- Injunction-ready documentation when escalation is the only option
Transparent, low-cost 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)
Need decisive action today?
Email team@simplesurvey.co.uk with your address, the Award, and a short summary of the breach. We’ll advise the quickest compliant route—from on-site directions to supplemental awards and, if necessary, court-grade enforcement—so the project is safe, lawful, and back on track.
Simple Survey — small fees, strong paperwork, smooth resolutions.