What to Do If Your Neighbour Starts Building Work Without Telling You
Stay calm, record what you see and ask your neighbour in writing whether notices have been served. If the work falls under the Party Wall etc. Act 1996 and no notice was given, you still have options, including appointing a surveyor and applying to court if needed.
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- Take dated photos and video of the work and of your side of any shared wall.
- Photograph existing cracks, paintwork and ceilings inside your home.
- Write a polite note or email asking whether party wall notices have been served.
- Ask what work is planned, who the builder is and how long it will take.
- Keep a diary of dates, noise, dust and anything that changes on your side.
- Contact a party wall surveyor for advice if the work is near or on the shared wall.
Is the work covered by the Act?
Not all building work needs a notice. The Act covers new walls on the boundary line, work to an existing party wall or structure, and excavation near neighbouring buildings within 3 or 6 metres in the circumstances the Act describes.
Work entirely within your neighbour's own house may not need one. Do not assume either way. Ask, and take advice if you are unsure.
If notices should have been served
The Act has no criminal penalty for failing to serve a notice. The remedies are civil. You can ask the neighbour to stop and serve notices properly, appoint a surveyor, or apply to the court for an injunction or damages where there is a real risk of harm.
An award can sometimes still be made after work has started, but your position is weaker without a record of the condition beforehand. This is why photographs now are so useful.
Keep the conversation civil
Many neighbours simply did not know about the Act. A calm request often gets a notice served within days. Builders often want the paperwork sorted too, because it protects them.
What not to do
Do not enter their land, confront the builders or try to stop work yourself. Do not sign anything you do not understand. Local authorities do not enforce the Act, and the police do not normally get involved.
Frequently asked questions
Can I make my neighbour stop work?
Not by yourself. You can ask, and if necessary a court can grant an injunction. Take advice before going down that route.
Should I report this to the council?
The council does not enforce the Act. It may be relevant for planning or building regulations, which are separate systems.
Does permitted development mean no notice is needed?
No. Permitted development covers planning only. Party wall notices are still needed if the work falls under the Act.
Can I still get an award now?
In some cases, yes. Speak to a party wall surveyor quickly and give them your photographs.
Related guides
- What is the Retrospective Party Wall Procedure? (When Work Starts Without a Notice)
- What Happens if a Neighbour Ignores a Party Wall Notice?
- My Neighbour is Building a Ground Floor Extension Without a Party Wall Agreement
- Damage Caused by Party Wall Works: How to Claim Compensation
Last updated: . This page is general information about the Party Wall etc. Act 1996 (England and Wales). It is not legal advice. Every property and dispute is different, so take advice from a party wall surveyor or a solicitor before you act.