Failure to Serve Party Wall Notice

In England & Wales, if your works fall under the Party Wall etc. Act 1996, you generally must serve the correct written notice before starting (typically 1 month for boundary/new wall or adjacent excavation notices, and 2 months for party structure works). 

What happens if you don’t serve a Party Wall Notice?

1) Your neighbour can apply for an injunction to stop the works

This is the big practical risk. Courts can (and do) restrain works until the Act’s process is followed, which can mean immediate delay and significant cost exposure.

2) You can be exposed to higher legal/financial risk if damage occurs

If you proceed without complying, you may face claims for damage and remedial works, plus legal costs. The Act is designed to manage risk with surveyors, a schedule of condition, and an Award—without it, disputes often become more expensive and adversarial. 

3) You may lose the “safe framework” of the Act (and its protections)

The Act gives a lawful route to do certain works and to resolve disputes via surveyors/Award. Failing to notify can undermine your ability to rely on that framework at the point your neighbour challenges the works. There’s also been legal commentary/debate around “no notice, no Act” in some situations—either way, it’s a risky position to be in. 

4) Expect delay and extra professional costs

Even if you serve notice late, you’ll usually still need to:

• serve notice correctly,

• wait the statutory period (unless your neighbour agrees in writing to an earlier start),

• and/or go through surveyors and an Award if there’s dissent.

If work has already started: best next steps (practical)

1. Pause any party-wall-triggering works (especially anything affecting the party wall/structure or close excavation) to reduce injunction risk.

2. Serve the correct notice(s) immediately (Section 1 / 3 / 6 depending on the works). 

3. Offer a schedule of condition and propose an agreed surveyor (or each appoint surveyors).

4. If your neighbour doesn’t respond, the Act has a mechanism to progress surveyor appointments after set timeframes (commonly discussed as 14 days to respond, then a further request and a 10-day period in the process). 

5. Put everything in writing and keep records (drawings, method statements, photos).

If you are the neighbour (adjoining owner) and no notice was served

• Write immediately objecting and requiring the Act to be followed.

• If works continue, speak to a party wall surveyor/solicitor about an urgent injunction (time-sensitive). 

• Photograph/record condition and any movement/damage.

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