I Need to Serve Notice but Construction Has Already Started - Should I Stop?

We won’t beat around the bush. If you’ve started construction that involves a shared wall, not notified the adjoining owner and just realised that you are legally obligated to under the Party Wall Act (1996), then you must take immediate steps to rectify the situation.

It’s reported that approximately 50% of property owners fail to serve a party wall notice before beginning work on a shared wall. Failure to serve notice is a legal oversight that could result in serious consequences.

Many homeowners may not be fully aware of the Party Wall Act 1996 (in the UK) and fail to serve proper notice to their neighbours before starting work. This lack of awareness can lead to disputes that might otherwise have been avoided.

Key Takeaways

Offer: We advise urgently when you realise mid-build that a Party Wall Notice was required, and we help you bring the works back into compliance under the Party Wall etc. Act 1996.
Scope: We cover notifiable works to party walls/structures, boundary walls, and excavations near neighbouring buildings; we also explain the risks of not serving notice (injunctions, liability for damage, and potential legal costs).
Process: We recommend stopping work immediately, serving the correct notice, acknowledging the oversight, and only proceeding once the adjoining owner has consented (or, if they dissent, once surveyor(s) are appointed and the matter is formalised via the party wall process).
Areas: We deliver party wall support across Surrey and London (within the England & Wales legal framework).

ChatGPT summary.

How you'll need to proceed

Types of works that you’ll need to notify on

Party walls
Party structures
Boundary walls
Excavations near neighbouring buildings

The Party Wall Act requires anyone intending to carry out notifiable works or changes to a party wall, building on or at the boundary line, which includes excavating near the property, to serve a formal notice.

The notice must also be served at least two months before works begin for any alterations to the party wall or one month before excavations.

What happens if you’ve not informed your neighbour(s)

The adjoining owner could apply for an injunction to stop the work until the matter has been resolved, leading to costly delays.
You might be held liable for damage to the property caused during the construction period. Proving that your construction works did not cause the damage could be difficult without a prior survey or photographic evidence.
If legal action is taken, you might be held accountable and liable for the adjoining owner’s legal costs.

Among party wall disputes that involve damage claims, about 70% are resolved amicably, with the property owner carrying out repairs or providing compensation, often under the supervision of a party wall surveyor.

What you should do if you’ve only just realised

Doing the right thing now that you’ve realised your mistake is essential, as it can prevent many problems later.

Mistakes happen, but since your construction has already started, you should immediately halt them. This will show good faith to the adjoining owner and might prevent further disputes and complications.

From here, you should send the necessary notice to the adjoining owner, acknowledging any oversight on your behalf and expressing your willingness to follow the correct legal procedures from here on out.

Once you’ve served the notice, the adjoining owner can either consent to the work, request modifications or dissent.

If the adjoining owner dissents from the work, a party wall surveyor should be appointed to resolve the issue and ensure that all parties’ rights and responsibilities are clearly defined. Appoint one.

Get a quote today

Contact Simon

Please complete the form to arrange an informal discussion so we can acquire more details about your property. There is no charge and no obligation.

We cover all of Surrey and London and are also available via WhatsApp. Alternatively, please call 07834 761 411 or email Simon directly.

    
 
 
         
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I Need to Serve Notice but Construction Has Already Started - Should I Stop?

Key Takeaways

How you'll need to proceed

Get a quote today

Contact Simon

Party Wall Disputes Advice