Receiving a Party Wall Notice after builders have already started on site can feel like the process has been done backwards. Sometimes the notice is genuinely late (the notifiable works have already begun). In other cases, the works you can see are non-notifiable preliminaries, and the notice relates to a later notifiable stage (for example, cutting into a party wall for steels or excavating near foundations).
Either way, you still have meaningful options. The best outcome usually comes from acting promptly, getting clarity on what work is covered, and putting protections in place before the next critical stage.
1) First, identify whether the notice is late or simply covers the next stage
Before you decide how to respond, establish what the notice actually relates to:
- Is the notice describing works that are already happening (e.g., the party wall has already been cut into, or excavation is already underway near your foundations)?
- Or are the current works “setup” (strip-out, deliveries, internal work) and the notice is for upcoming party wall/excavation work?
This distinction matters because the Party Wall process is designed to be followed before notifiable works start. RICS’ consumer guidance explains that before starting notifiable works, the building owner should have either your written agreement or a Party Wall Award in place.
2) What the Act says if works start without proper notice
The Government’s explanatory booklet is clear on the practical position:
- The Act itself does not contain enforcement procedures for a failure to serve notice.
- However, if your neighbour starts work without having given notice properly, you may seek to stop the work through a court injunction or seek other legal redress, and you may wish to take professional or legal advice before doing so.
So, if notifiable works have already started without compliant notice, the party wall process may still help manage what happens next, but it does not automatically “cure” the earlier failure.
3) Your immediate priorities (especially if works are already affecting the party wall)
If work is ongoing, your first job is to protect your position, regardless of whether you ultimately consent or dissent:
Document everything
- Photograph/video the relevant areas internally and externally (party wall line, ceilings, corners, garden walls, patios).
- Keep a dated record of noise/vibration events and any visible changes (new cracks, sticking doors).
Ask for information in writing
Request:
- drawings and structural details,
- excavation depth/distance information (if relevant),
- the programme for the next 2–4 weeks,
- contractor details and site contact.
Raise concerns promptly (in writing)
If you believe notifiable works have already begun, say so clearly and ask what is being done to ensure you are protected from this point forward.
4) Your formal response options (you still have them)
The Government booklet advises that when you receive a notice you should reply in writing within 14 days. Even if the project is already underway, responding promptly helps you regain control.
Option A: Consent (only if you’re comfortable)
Consent can be sensible where:
- the notice relates to a future stage and the risk is low,
- you have good information and a cooperative neighbour,
- and you are confident protections will still be put in place.
However, if works are already underway, consenting without safeguards can leave you relying on informal promises. Many adjoining owners only consent once a clear condition record exists (see Schedule of Condition below).
Option B: Dissent and appoint a surveyor (often the most protective choice)
If you are uneasy, or you believe notifiable works have started without the correct steps, dissenting is a practical route to get:
- a Schedule of Condition,
- an agreed process for working methods, access, and protections,
- clear damage procedures and inspections.
RICS’ guidance explains that where written agreement is not given within 14 days, the Act’s solution is appointment of an agreed surveyor or one surveyor each, leading to an Award.
Option C: Request an Agreed Surveyor (if trust and complexity allow)
If the works are minor/moderate and you want a proportionate process, you can propose one Agreed Surveyor. The Government booklet notes that for minor residential works, an agreed surveyor can be preferable where fees would otherwise be disproportionate.
Option D: Seek legal advice about an injunction (if the situation is serious)
If you believe:
- notifiable works are actively continuing without proper notice/award, and/or
- there is a real risk of damage or unsafe working,
then the Government booklet indicates you may consider an injunction or other legal redress and should consider professional/legal advice.
(This is general information, not legal advice.)
5) How to get meaningful protection quickly if works are already moving
A Schedule of Condition is even more important “mid-project”
Normally, an Award “usually records the condition” of the relevant parts of the adjoining property before work begins.
If work has already started, it may still be possible to prepare a condition record immediately to reduce arguments later about what is “new” damage.
Consider “security for expenses” on higher-risk jobs
Where there is a risk of being left exposed (for example, works could be paused halfway through a vulnerable stage), the Government booklet notes you can request the building owner to provide security so you can restore the position if they fail to complete.
Ensure the next stages are controlled
Even where some work has begun, you can still press for:
- method statements for structural works,
- dust/vibration controls,
- monitoring where appropriate,
- controlled access arrangements (if required).
6) If damage has already occurred
If you’ve noticed cracking or movement already:
- notify your neighbour (and surveyor if appointed) in writing,
- request inspection and record evidence,
- avoid “wait and see” if the damage appears to be progressing.
The Party Wall framework is commonly used to create a clear route for inspection, making good and/or compensation going forward, but if the Act wasn’t followed at the outset, you may also need separate professional/legal advice depending on circumstances.
7) Practical checklist: what to do today
- Reply in writing (don’t let the notice sit unanswered).
- Ask whether the notice covers works already started or future stages.
- Request drawings, structural details, and programme.
- Photograph current condition and keep a dated log.
- If concerned, dissent and appoint a surveyor to secure an Award and condition record.
- If the situation is urgent or unsafe, consider legal advice on urgent remedies.
Want a clear, practical plan for your specific situation?
If you’ve been served a notice mid-project and want to understand the most effective next step (consent, dissent, agreed surveyor, or urgent action), email mail@howorth.uk or call 07794 400 212. Share the notice, what works are currently happening on site, and any concerns about cracking or disruption, and we’ll guide you through the safest way to protect your property.