Step 1 — Confirm whether the works are notifiable
Not all building works require a Party Wall notice. Internal works that don't touch a shared wall, replacement windows, and most loft work that doesn't insert beams into the party wall are not notifiable. Use our free eligibility checker to see which sections of the Act apply to the works you can see.
Step 2 — Photograph everything
Take dated photographs of the wall, ceiling, floors and any cracks, gaps or movement before approaching your neighbour. If damage develops later, this is the evidence that proves it was caused by the works.
Step 3 — Write to your neighbour
A short, polite written request that they pause the works and serve the proper notice often resolves the matter without escalation. Many homeowners genuinely don't know the Act exists. Send the letter by hand or recorded post and keep a copy.
Step 4 — Appoint a surveyor
If the works continue or the response is unsatisfactory, appoint your own Party Wall surveyor immediately. The surveyor can write a more formal letter and, if necessary, prepare the evidence needed for an injunction application. Use our directory to find a surveyor by postcode.
Step 5 — Consider an injunction
Where works are ongoing and damage is occurring (or imminent), you can apply to the County Court for an injunction to halt the works pending compliance with the Act. Courts have repeatedly granted injunctions in these circumstances. This step requires a solicitor; the costs are usually recoverable from the building owner.
Step 6 — Recover damages
Even if works have already finished, you retain your common-law rights to claim damages for any loss caused by the works. Absence of a Party Wall Award does not protect your neighbour from liability — in many ways it makes the claim easier, because your neighbour cannot point to an Award limiting the scope of their responsibility.
Frequently asked questions
Is starting work without a Party Wall notice illegal?
It is a breach of the Party Wall etc. Act 1996 and exposes the building owner to civil liability. If damage occurs to your property as a result of works that should have been notified, you have a strong case for an injunction to stop the works and a claim for the cost of repair.
Can I get an injunction to stop the works?
Yes. If your neighbour has carried out, or is about to carry out, notifiable works without serving a Party Wall notice, you can apply to the County Court for an injunction. Courts have repeatedly granted such injunctions — see Louis v Sadiq (1997) and the more recent line of cases. You should consult a solicitor immediately if you believe an injunction is needed.
What if there's already damage?
Photograph everything immediately. Even though the proper Party Wall route was not followed, you retain your common-law rights in nuisance and negligence, and the absence of a Party Wall Award does not absolve your neighbour of liability — in fact it makes their position weaker. A surveyor's schedule of condition (even taken after the event) is valuable evidence.