What is the Retrospective Party Wall Procedure? (When Work Starts Without a Notice)
A retrospective party wall procedure is what happens when work covered by the Act has begun, or even finished, without notice being served. It is sometimes possible to serve notice late and reach an award, but the position is riskier and often more expensive than doing it properly at the start.
What the law says
The Act assumes notice comes first. It has no criminal penalty for failing to serve one. The remedy is civil. A neighbour can seek an injunction, damages, or ask a court or surveyor to deal with it. Police do not normally get involved, and local authorities do not enforce the Act.
If work is still going on
Stop the notifiable work if you can, and talk to a party wall surveyor. Serve notice and ask the neighbour to appoint a surveyor. The award can still deal with work not yet done, and may record what has been done.
If work is finished
An award can still be made in some cases, but this is less certain. The surveyors can inspect what exists, and the neighbour's ability to prove damage depends on what evidence there is from before the work. Without a schedule of condition, that is harder.
What it costs you
Expect extra costs. Surveyors need more time, may need investigations, and the neighbour may seek compensation for damage or inconvenience. The building owner usually pays reasonable costs. There is no way to predict the figure, so get written quotes.
If you are the neighbour
Write to the building owner. Ask for details, record what you can see and take dated photographs. Ask for notice to be served. If work continues, get legal advice about an injunction. Do not enter their land or stop work yourself.
Frequently asked questions
Can I be prosecuted for not serving notice?
The Act has no criminal penalty for that. The remedies are civil.
Will the neighbour have to accept a late notice?
They do not have to consent, but they can be asked to appoint a surveyor. If they will not, the Act allows another route.
Is it too late once the wall is plastered?
Not necessarily, but it makes things harder. A surveyor can advise on options.
Source: Party Wall etc. Act 1996 on legislation.gov.uk
Related guides
- What Happens if a Neighbour Ignores a Party Wall Notice?
- What to Do If Your Neighbour Starts Building Work Without Telling You
- My Neighbour is Building a Ground Floor Extension Without a Party Wall Agreement
- 10 Common Party Wall Mistakes Homeowners Make
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.