What Can You Do If Your Neighbour Ignores the Party Wall Act?

If your neighbour ignores the Party Wall Act, there are specific steps you should take to protect your property and legal rights.

Step 1: Determine Whether the Work Is Notifiable
First and foremost, you should understand if the work is covered by Party Wall etc. Act 1996 - i.e. is it 'notifiable work'. This would include the following works:

• Alterations to party structures – such as shared walls between terraced or semi-detached homes, boundary walls, or floors separating flats.
• Excavations – carried out within 3 metres of your property and to a depth lower than your foundations.
• Construction of new walls – either up to or across the boundary line.

If the work is not notifiable, it is not covered by the Act and there is no further action to be taken. 

Step 2: If the Work Is Notifiable, Take Action Based on the Stage of the Works
If the Work Is About to Start:

• Notice periods: The Act requires notices to be served at least 1–2 months before the work begins.
• Immediate response: Speak with your neighbour promptly. They may simply be unaware of their obligations under the Act.
• Document your property: If your neighbour is not responding, take dated photographs and notes to record the condition of your property before work begins. This will be essential if damage occurs.
• Seek professional advice: Instruct a party wall surveyor to write to your neighbour on your behalf. A formal letter will usually prompt compliance.

If the Work Has Started but Is Incomplete:

• No automatic penalties: There are no instant legal penalties for failing to serve a notice, but you may consider applying for a court injunction to pause the work if it poses a significant risk to your property.
• Seek notice for remaining works: Even if part of the project is already underway, a notice can still be served for the remaining notifiable elements. Again, a formal letter from a party wall surveyor acting on your behalf will usually prompt compliance for partially completed work.

If the Work Has Been Completed:

• Legal recourse: Any legal action is more likely to focus on compensation for damage.
• Common law obligations: Even if a notice wasn’t served, your neighbour is still responsible for repairing any damage caused by their works.
• Court support: Courts often take the side of the affected party if no notice was served and damage occurred.
• Evidence gathering: Obtain a report from a party wall surveyor confirming the breach of the Act, and gather at least three estimates from contractors to support any potential legal proceedings and claim.

Final Advice
Always seek professional advice at an early stage. The sooner you take action, the more options you will have to resolve the issue effectively and protect your property. Early intervention can help avoid lengthy disputes and reduce the risk of costly legal proceedings.

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​Need help with a Party Wall Act issue? Contact Us for expert, no-obligation advice.

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