Does every building project need a Notice?
No.
The Party Wall etc. Act 1996 only applies to certain types of work.
Examples include qualifying work to an existing party structure, certain new walls at the boundary and qualifying excavations near neighbouring buildings.
A kitchen refurbishment or extension carried out entirely outside the Act's scope may not require a Notice.
What should I do first?
Try to establish what work is being undertaken.
You can ask your neighbour or their contractor for a description of the proposed works and relevant drawings.
If you're concerned about structural alterations or excavations close to your property, an experienced Party Wall Surveyor can review the available information.
Building work next door
Not all building work falls within the Party Wall etc. Act 1996.
What if the works should have been notified?
If notifiable works have commenced without following the required procedure, this may create legal and practical difficulties.
A Party Wall Notice is intended to be served before the relevant works begin.
Serving a Notice after the works have already been carried out doesn't retrospectively authorise those completed works.
Party wall work or internal refurbishment?
Work to a shared party wall
- Cutting into the party wall, e.g. for beams
- Raising or altering the party structure
- May be notifiable under Section 2
Independent internal refurbishment
- New kitchen or bathroom fittings
- Decoration and finishes
- Not ordinarily within the Act
Whether the Act applies depends on the actual works proposed.
Can I stop the works?
A Party Wall Surveyor doesn't have the power to issue an injunction.
Where urgent legal action is being considered, you should obtain advice from a solicitor familiar with property and Party Wall matters.
The appropriate response depends on the actual works, their progress and the circumstances.
What should you do next?
If you're concerned about work taking place next door, send us the property details and any drawings or correspondence available. We can review the likely Party Wall position.
Related guide: Received a Party Wall Notice?
