Can you start building work without a party wall agreement?
You cannot start certain building work impacting a shared boundary without a Party Wall Agreement. Failing to do so can lead to legal action, project delays, and potential liability for damages.
Can You Start Building Work Without a Party Wall Agreement? Key Legal Considerations
You cannot legally start certain types of building work without a Party Wall Agreement if the work impacts a shared boundary or party wall between properties. Under the Party Wall Act 1996, if you plan to carry out work such as cutting into a party wall, building on the boundary line, or excavating near your neighbour’s foundation, you must first serve a party wall notice to your neighbour. If the neighbour consents, you can proceed with the work.
However, if they dissent or don’t respond, surveyors must be appointed, and a Party Wall Agreement (known as a Party Wall Award) must be finalised before construction can legally begin.
Starting building work without a Party Wall Agreement can lead to significant legal and financial consequences. Your neighbour could seek a court injunction to stop the work, which can result in costly delays. Additionally, if any damage occurs to their property, you could be held liable for repairs and compensation.
To avoid disputes and ensure your project runs smoothly, it’s essential to follow the proper legal process, serve the notice, and obtain the Party Wall Agreement before starting any construction that affects a shared boundary.
Director
Laurence Murrin BA (Hons) MRICS MFPWS
Director
Laurence Murrin BA (Hons) MRICS MFPWS
Director
Chris Belton BSc (Hons) MRICS
Director
Chris Belton BSc (Hons) MRICS
Director
Dan Griggs BSc (Hons) MRICS
Director
Dan Griggs BSc (Hons) MRICS
Director
Joe Bennett BSc (Hons) MRICS
Director
Joe Bennett BSc (Hons) MRICS
You are undertaking building works
- Check whether the Party Wall etc Act 1996 applies to your project
- Talk to your neighbours early, before serving Notice about your work. Keeping your Adjoining Owners (neighbours) informed
- Make sure your Notice is served properly, or else it will be invalid
- Serve Notice with plenty of time
- Don’t be tempted to start work until you have an agreement / Party Wall Award in place.
Received a Party Wall Notice? - We can help
- Most Adjoining Owners worry that their property will be damaged by the building works.
- Our role is to try and ensure that this does not happen by looking in detail at the proposals and designs and arranging proper working methods.
- Adjoining Owners are entitled to have their surveyor’s reasonable fees paid by the Building Owner.
- The fees must be both reasonable and justifiable.
Benefits of Hiring a Party Wall Surveyor
Engaging with a Party Wall Surveyor allows you to:
- Prevent delays getting agreements in place
- Receive expert advice
- Prevent legal disputes
- Record the condition of neighbours’ property prior to the works – preventing claims for damage
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