At Simple Survey, we regularly receive enquiries from concerned property owners whose neighbours have begun construction without serving the required notice under the Party Wall etc. Act 1996.
If this has happened to you, you must act quickly. Waiting too long—watching the loft conversion go up or the rear extension take shape—can seriously limit your options.
Step 1: Confirm Whether the Work Is Notifiable
Before taking action, you need to establish whether your neighbour’s work is covered by the Party Wall Act. Common examples include:
- Excavation within 3 metres of your property
- Work directly to a shared (party) wall
- Building on the boundary line
- Loft conversions that affect shared structures (e.g. chimney breasts)
Some works are visible; others (such as internal structural changes) are more difficult to assess. If planning permission was required, you may be able to view drawings and planning details on your local authority’s planning portal.
Step 2: Put It in Writing
Once you’re confident that the work is notifiable, write to your neighbour immediately. Your letter should:
- State that they are required under the Party Wall etc. Act 1996 to serve notice before commencing work
- Confirm that you do not consent to any notifiable work that has started or is ongoing
- Request that they stop all notifiable work immediately and serve a valid Party Wall Notice
This written communication is essential—if the issue escalates, your letter will serve as evidence that the neighbour was informed and given a chance to comply.
Step 3: Legal Action – Contact a Solicitor
If your neighbour ignores your letter and continues with the work, your next step is to instruct a solicitor without delay.
The solicitor should write a formal letter demanding:
- That the neighbour cease all notifiable work immediately
- That they provide a written undertaking not to recommence until a valid Notice has been served and either consent has been given or a Party Wall Award has been agreed
Step 4: Apply for an Interim Injunction
If your neighbour continues to ignore the legal letter, the only remaining option is to apply to the court for an interim injunction. This is a formal order requiring your neighbour to stop the works until the proper procedures have been followed.
If they breach the injunction, you may pursue contempt of court proceedings, which carry serious consequences, including the possibility of fines or imprisonment.
Be aware that applying for an injunction involves legal costs and carries some risk, so it is essential to take advice from an experienced solicitor. You may also need a party wall surveyor to inspect the property and confirm whether notifiable work has begun.
Important Legal Precedent
It’s crucial to understand that a party wall surveyor cannot be appointed if your neighbour fails to serve a Notice. This was clarified in the Court of Appeal ruling Power & Kyson v Shah [2023] EWCA Civ 239, which confirmed that the Act is not invoked unless a valid Notice has been served.
Summary: Act Fast and Protect Your Property
If your neighbour starts building without serving a Party Wall Notice:
- Confirm whether the work is notifiable under the Act
- Put your concerns in writing immediately
- Instruct a solicitor if your neighbour fails to act
- Be prepared to apply for an injunction if necessary
FAQs
Q1. Is it illegal to start work without a party wall notice?
Yes, if the works are notifiable under the Act, starting without serving notice breaches the Party Wall Act.
Q2. What should I do first if my neighbour starts building without notice?
You should raise the issue immediately and seek advice from a party wall surveyor.
Q3. Can I stop my neighbour’s building work?
In serious cases, you may seek a court injunction to halt works until proper procedures are followed.
Q4. Will a Party Wall Award still be required?
Yes. If notice was not served, the process must be corrected and a Party Wall Award may be necessary.
Q5. Can surveyors help resolve works started without notice?
Yes. Surveyors can guide both parties toward compliance and reduce the risk of escalation.
Need Expert Guidance?
If you believe your neighbour has started unauthorised works, don’t delay.
Contact us at team@simplesurvey.co.uk
We can help assess your situation and direct you towards the right course of action.