Most homeowners understand that neighbouring building work—and the inconvenience it can bring—is often part and parcel of property ownership. However, many are unaware of their legal obligations when it comes to certain types of work, especially those covered under Section 1(5) of the Party Wall etc. Act 1996, which relates to new construction near or on a boundary.
Unfortunately, it’s not uncommon for enthusiastic homeowners—or their builders—to begin work without giving any formal notice to neighbouring property owners. It’s usually not until damage occurs or access is needed to the neighbour’s land that the realisation hits: they’ve breached the law.
What Is Section 1(5) Party Wall Notifiable Work?
Section 1(5) covers building new walls at or near the boundary line between two properties. These types of work are notifiable under the Party Wall etc. Act 1996. Failing to notify your neighbour before starting such work can result in serious legal consequences.
Without the Act’s regulation, such actions could constitute trespass or even criminal damage—both of which are offences under UK law.
Legal Action: Party Wall Injunctions
An injunction can immediately halt construction, cause delays, and result in expensive legal fees—often far greater than the cost of simply complying with the Act from the outset.
Why Is the Party Wall Act So Important?
Complying with the Party Wall etc. Act 1996 is vital for multiple reasons:
🔹 It’s a Legal Requirement
The Act is a statutory legal framework in England and Wales. It governs works involving:
- Party walls
- Boundary walls
- Excavation near neighbouring properties
Failure to comply can result in legal proceedings, injunctions, and financial claims for damage.
🔹 It Helps Avoid Disputes
The Act ensures structured communication between you and your neighbour. Serving proper notice allows:
- Time for discussion
- Clarity on proposed works
- Prevention of misunderstandings
🔹 It Protects Your Neighbour’s Rights
The Act is designed to safeguard the interests of adjoining owners. Notifying your neighbour:
- Gives them a chance to review and respond
- Protects their legal rights
- Builds trust and transparency
🔹 It Clarifies Rights and Responsibilities
The Act outlines how access, liability, and damage are handled. By following the process, both owners have legal certainty—reducing the likelihood of conflict or confusion.
🔹 It Reduces Liability Risks
Non-compliance can lead to negligence claims and costly damage repairs. Acting lawfully through the Act reduces risk and helps avoid disruption to your project timeline or finances.
Maintaining Good Neighbourly Relations
At Simple Survey, we believe the most overlooked benefit of the Party Wall Act is how it supports good neighbourly relationships. By serving notice, following due process, and showing respect for others’ property, you:
- Demonstrate integrity and respect
- Encourage cooperation and transparency
- Avoid unnecessary tension or hostility
Even when issues do arise, formalising the process helps maintain civility and ensures matters are resolved constructively.
Need Help? Free Initial Consultations
We hope you’ve found this article helpful in understanding why the Party Wall etc. Act 1996 is not just a legal requirement, but a practical necessity for any homeowner planning work near shared or adjoining structures.
If you have any questions or are unsure whether your planned works fall under the Act, get in touch with the team at Simple Survey. We’re always happy to offer free initial advice to help you get started on the right foot.