What if I build without following the Act?

Skipping the Party Wall Act is not a criminal offence, but it can be expensive. It removes protections you would otherwise have and gives your neighbour powerful remedies.

The main risks

An injunction. A neighbour can go to court to stop work until notice is served and the process followed. A builder standing idle costs money, and the court can order you to pay legal costs.

Damage claims without a baseline. With no schedule of condition, any crack in your neighbour's house can be blamed on your work, and you have no record to show otherwise.

Losing the Act's rights. The Act gives you rights you would not otherwise have, such as cutting into a shared wall and getting access to next door. Without notice you may be relying on rights you do not have.

Problems when you sell. Buyers' solicitors often ask whether party wall matters were dealt with. A missing award can raise questions.

If you have already started

Stop the notifiable part of the work and serve notice now. It is better to deal with it late than not at all. Explaining honestly to your neighbour often goes a long way.

If your builder says you don't need one

Builders are not always right about this. The duty is yours, so check for yourself, ideally with a surveyor.

Where this comes from in the Act

Links go to the official text of the Party Wall etc. Act 1996 on legislation.gov.uk.

Planning work next to a neighbour?

Ivan Larkin can confirm which notices your project needs, prepare and serve them, and deal with your neighbour's surveyor. Fixed fees, agreed in writing first.

Call 07477 207993Send an enquiry