What Happens If You Fail To Serve A Party Wall Notice?

If you’re undertaking a building project that impacts a party wall with adjacent property—such as a loft conversion, building extension, or basement extension—you’re obligated to serve notice to the relevant neighbour under the Party Wall Act 1996.

At Roger Hannah Surveyors, we boast experienced party wall surveyors in London who can assist you in preparing the requisite party wall notices and party wall awards. We ensure that all construction endeavours are executed properly, in full compliance with the law, and with minimal inconvenience and disruption to you and your neighbouring properties.

Regrettably, some property owners fail to recognise the significance of this essential legislation, which was implemented to safeguard the interests of all affected building owners. Whether you have a good rapport with your neighbours and foresee no issues, or you’re concerned about exacerbating an already strained relationship, or you’re simply attempting to minimise expenses, it’s crucial to be aware that neglecting to serve notice carries tangible risks.

Serving notice under the Party Wall Act safeguards you against any exaggerated or fraudulent claims from your neighbour. Your party wall surveyor will compile a Schedule of Condition to record the condition of the adjoining owner’s property before the commencement of building works. This documentation provides an accurate assessment of any damages that may arise from the building work you undertake.

Schedules of Condition

Protect you against fraudulent claims

In the absence of a baseline Schedule of Condition, you expose yourself to opportunistic claims by your neighbour without evidence attributing damage to your building works. Essentially, it becomes a matter of their word against yours, and under common law, you’re obligated to rectify any such damage.

A failure to serve notice places you immediately at a disadvantage regarding your neighbour’s rights. Without a Party Wall Notice, they can challenge various aspects of your building project, including the quality of tradesmen, skip placement, noise disturbances, dust and debris, and more. Adhering to proper procedure grants you protection under the Party Wall Act, minimising your neighbour’s ability to interfere and thus reducing potential delays and expenses.

Neglecting to serve a Party Wall Notice has the potential to strain relations with your neighbour, even in cases where previous interactions were amicable. Your neighbours may serve as key holders, accept deliveries, or provide pet care. Preserving long-term neighbourly harmony necessitates treating them with respect and courtesy.

Undertaking building works impacting a party wall without prior notice can evoke worry and discomfort in your neighbour, who may feel excluded from your home improvement plans and denied the opportunity to voice concerns formally.

Serving Party Wall Notice to adjoining property owners before commencing building works is a legal obligation. Failure to comply could lead to legal action from your neighbours, who may seek an injunction to halt your project. This could result in significant delays, a potential loss of income for your contractor, and liability for your neighbour’s legal fees, with substantial financial implications.

While a Party Wall Agreement may initially seem like an added expense, the aforementioned highlights the necessity of formal agreement. Serving Notice helps prevent unnecessary disputes, reduces costs, and ensures smooth project progression.

At Roger Hannah Surveyors, we navigate party wall matters with professionalism and integrity, fully compliant with legal requirements. We collaborate with you to safeguard your interests, aiming to maintain or even enhance neighbourly relations throughout your building work and beyond.