If your neighbour starts building work without warning, it’s natural to feel caught off guard — especially if the work affects your home. The Party Wall Act exists to protect both sides and set clear rules. Here’s what to do if your neighbour hasn’t followed the process — and how to protect your property.
What is the Party Wall Act?
The Party Wall etc. Act 1996 is a law that helps prevent disputes when building work affects shared walls or boundary lines between properties in England and Wales. It sets out clear rules on how to notify neighbours - known as ‘adjoining owners’ - before starting work and explains how to handle disagreements if they arise.
The Act is designed to protect both you and your neighbours. It makes sure construction work happens in a fair and controlled way, reducing the risk of damage, unexpected costs, or legal disputes. If everyone follows the process, it can help avoid delays and keep relationships with neighbours on good terms.
👉 You can learn more in our full guide to the Party Wall Act.
Basics of a party wall agreement
A party wall agreement is a legal document that provides a clear framework for how building work should be carried out when it affects a shared boundary. It includes important details about the proposed work such as:
The scope of construction
The expected timeline
Precautions to minimise disruptions and potential damage to the neighbouring property
The purpose of this agreement is to ensure that the building owner can improve their property while also protecting the rights and interests of their neighbours. It sets out clear guidelines for resolving boundary disputes. This helps prevent unnecessary legal conflicts and strained relationships between property owners.
When is a party wall agreement necessary?
A party wall agreement is required when a homeowner plans to carry out certain types of building work that may impact a shared wall or boundary. The Party Wall Act outlines specific scenarios where such an agreement is necessary, including:
Building a new wall on or near the boundary between two properties.
Carrying out structural work on an existing party wall, such as removing chimney breasts or inserting beams.
Excavating foundations near a neighbour’s property, particularly if they are deeper than the foundations of the adjoining building.
Making changes that could affect the stability or integrity of the party wall.
Before starting any of these types of construction work, the building owner must serve a party wall notice to their neighbour, allowing them time to respond and, if necessary, raise any objections or concerns.
What are the risks of not having a party wall agreement?
Starting construction work without a valid party wall agreement can cause serious legal headaches. Your neighbours could take legal action if they think their property is at risk. In some cases, they might even get a court order to stop your work immediately - leading to delays and extra costs.
If your work damages their property, you’d likely have to cover the full cost of repairs, including surveyor and engineer fees. If things escalate to court, costs can spiral quickly.
Without an agreement in place, sorting out disputes becomes much harder. There’s no clear record of what was agreed, which can lead to long legal battles, unexpected bills, and strained relationships with your neighbours.
What can I do if my neighbour has already started work without an agreement?
If your neighbour has begun construction without serving a party wall notice or securing an agreement, you have several options:
Talk to your neighbour: The first step is to approach your neighbour and discuss your concerns, before writing them off as a nuisance neighbour. They may not be aware of their legal obligations under the Party Wall Act.
Send a formal letter: If informal discussions do not work, you can send a formal letter requesting that they stop the work until a proper agreement is in place.
Seek legal advice: If your neighbour refuses to comply, you should consult a solicitor who specialises in property law. They can help you understand your rights and guide you on the next legal steps.
Claim for damages: If the work has already caused damage to your property, you may be entitled to compensation. A surveyor can assess the damage and provide expert evidence if legal action is required.
What are the penalties for not serving a party wall notice?
The Party Wall Act does not impose direct financial penalties for failing to serve a notice. There’s no automatic fine if you skip the notice — but the legal fallout can still hit hard.
You lose your legal rights: Without a party wall notice, you don’t have the legal protections the Act gives you. That means no right to access your neighbour’s land, no right to carry out certain works, and no legal cover if they accuse you of trespass or nuisance.
Your neighbour can stop the work: If you go ahead without notice, your neighbour can apply for a court injunction to halt the work. If granted, you’ll have to stop immediately — and may need to serve the correct notice before you’re allowed to continue.
You could face higher costs: Disputes outside the Act can get expensive quickly. You may have to pay legal fees, especially if your neighbour takes legal action. And delays caused by disputes could cost even more if your project is on a tight timeline or funded by development finance.
FAQs
Can I stop my neighbour from carrying out work under the Party Wall Act?
No, you cannot stop your neighbour from carrying out work that is legally permitted. However, you can raise concerns about how it is done and ensure that the correct procedures are followed to protect your property.
How long does a neighbour have to respond to a party wall notice?
Neighbours have 14 days to respond to a party wall notice. If they do not reply within this time, they are assumed to have dissented, and a dispute resolution process will begin.
Who pays for the party wall surveyor?
In most cases, the building owner undertaking the work will cover the surveyor’s fees. However, if the adjoining owner appoints their own surveyor, they may have to pay for their share of the costs.
Can work continue if there's no agreement?
No, work should not start until the correct procedures have been followed under the Party Wall Act. If work begins without an agreement, the adjoining owner can seek legal action to stop it.
Final thoughts
If your neighbour starts work without a party wall agreement, you’re not powerless. The Party Wall Act is there to protect you — whether that’s preventing damage, stopping work, or claiming compensation. Acting early, keeping records, and getting legal advice if needed can help you resolve things fairly and avoid unnecessary stress.