Can You Start Building Work Without a Party Wall Agreement?

Building Work Without a Party Wall Agreement? In England and Wales, any construction work that affects a shared wall, boundary structure, or foundation near a neighbour’s property may fall under the Party Wall etc. Act 1996. If it does, a building owner must serve notice and secure consent before commencing work. Yet many homeowners and developers either overlook this requirement or assume it doesn’t apply to them.

This article answers a crucial legal and practical question:

Can you start building work without a party wall agreement?

The short legal answer is No — if your work falls within the scope of the Party Wall Act, it is unlawful to begin without following the proper procedure.

What Is a Party Wall Agreement?

A Party Wall Agreement (more correctly called a party wall award) is a legally binding document prepared and served under the Party Wall etc. Act 1996. It regulates works affecting:

Party walls (shared structures)

Party fence walls (shared boundary walls not forming part of a building)

Structures near a neighbour's property (including excavation near their foundations)

The agreement records the details of the proposed works, conditions for carrying them out, access arrangements, working hours, protective measures, and responsibilities for repairs or compensation in the event of damage.

If both parties consent to the notice, and no dispute arises, no award is needed. If the adjoining owner dissents or fails to respond, the parties must appoint surveyors who then prepare a party wall award.

When Does the Party Wall Act Apply?

The Party Wall Act applies in three main scenarios:

1. Works Directly to a Party Wall or Party Structure (Section 2)

This includes:

Cutting into a party wall to insert beams or joists

Removing chimney breasts

Raising, lowering, or thickening the wall

Demolishing and rebuilding the wall

These works usually trigger a party structure notice, which must be served at least 2 months before the intended start date.

2. New Walls on the Line of Junction (Section 1)

If you plan to build a wall astride or up to the boundary (line of junction) with a neighbouring property, this triggers the Act.

A line of junction notice must be served at least 1 month before works commence. The neighbour can consent or insist the wall is wholly on your land.

3. Excavation Near a Neighbour’s Structure (Section 6)

If you plan to excavate:

Within 3 metres of your neighbour’s structure and deeper than their foundations, or

Within 6 metres, depending on the depth and angle (45-degree rule),

You must serve an adjacent excavation notice, also at least 1 month in advance.

Notices under the Act must include:

Detailed descriptions of the proposed works

Drawings and sections

Dates when work will begin

Can You Start Building Work Without a Party Wall Agreement?

No — Not If the Works Are Covered by the Act

If your works fall under any part of the Act, you are legally required to serve notice on adjoining owners. They may consent, in which case you may proceed (but make sure they have details of the work and that the consent is in writing). If they dissent or remain silent for 14 days, a dispute is deemed to have arisen.

At that point, you cannot proceed until:

A surveyor (or surveyors) are appointed

A party wall award is agreed or determined

The statutory notice periods have expired

What Are the Risks of Ignoring the Party Wall Process?

If you carry out building work without a party wall agreement, you expose yourself to serious legal and financial risks:

1. Court Injunctions

Your neighbour can apply for an injunction to stop the works immediately until the dispute is resolved through the statutory process. This can delay your project indefinitely. If construction has already started a Court can also order that it is demolished (see the case of Ormiston-Kilsby v Fattahi).

2. Liability for Damages

Even minor damage (cracks, water ingress, subsidence) caused by unauthorised works may result in strict liability — meaning you’re responsible whether or not you were negligent.

3. Expensive Litigation

If your neighbour sues, you may have to pay court costs, damages, compensation, surveyor fees, and solicitors’ fees — all of which far exceed the cost of following the Party Wall Act properly.

4. Compulsory Access

Neighbours may lawfully deny you access for repairs or protection measures if you failed to follow the Party Wall Act initially.

5. Loss of Planning or Funding

If lenders, insurers, or local authorities discover non-compliance with the Act, they may refuse to release funds, approve planning, or insure the works.

What If the Work Is Entirely on My Land?

Even if your construction takes place wholly on your side of the boundary, the Act still applies if the works affect a shared wall or are close enough to your neighbour’s foundations to meet Section 6 conditions.

For example:

Excavating for a basement close to the boundary

Building a rear extension close to your neighbour’s wall

Removing internal features like chimney breasts that tie into a party wall

These works can legally affect your neighbour’s property and trigger the need for notice and consent.

The Right Way to Proceed

Step 1: Identify If the Act Applies

Engage a specialist surveyor to review your proposed works and determine whether they fall under Sections 1, 2, or 6 of the Act.

Step 2: Serve the Correct Notices

Provide written notice with the required details and lead-in times:

1 month for boundary or excavation works

2 months for party structure works

Step 3: Manage the Response

If the neighbour consents: proceed, ideally after recording agreement in writing

If they dissent or fail to respond in 14 days: appoint a surveyor

Step 4: Agree or Determine a Party Wall Award

Surveyors act impartially to settle the dispute and issue an award — legally binding on both parties.

FAQs - Building Work Without a Party Wall Agreement?

Can I start work if my neighbour doesn’t respond to the notice?

No. If the adjoining owner fails to reply within 14 days, the Act deems it a statutory dissent. You must appoint surveyors to resolve the dispute and issue a party wall award.

How long does the party wall process take?

Typically:

Consent route: 2–4 weeks

Dispute resolution via surveyors: 4–8 weeks depending on complexity and cooperation

Do minor home improvements require a party wall agreement?

Not usually. Decorating, minor repairs, and internal non-structural changes are excluded. However, removing chimney breasts, inserting steel beams, or building extensions often do require notice.

Key Takeaways - Building Work Without a Party Wall Agreement?

You must serve notice and secure agreement or an award before carrying out works under the Party Wall etc. Act 1996.

Starting building work without a party wall agreement risks injunctions, fines, liability for damage, and court disputes.

Neighbours are protected by law and can lawfully object, delay, or halt unauthorised works.

Always seek advice from a party wall surveyor early in the design process to ensure legal compliance.

Following the Act protects not just your project — but also your relationship with neighbours and your future legal standing.

Final Word

The Party Wall etc. Act 1996 exists to strike a fair balance between the right to develop your property and the right of neighbours to be protected. Whether you're building a side return extension or digging a basement, starting building work without a party wall agreement is a costly mistake you can easily avoid.

Take the time to comply - and you’ll gain peace of mind, legal protection, and a smoother construction journey.

Get in Touch

Need help or advice on Party Wall or neighbourly matters?

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For a quick online quote for Party Wall advice, send us the details of your project. For more articles on all aspects of the Party Wall Act see our blog.

For advice direct from one of our Surveyors, please call our Enquiry line on 020 4534 3135.

If you are planning work that is covered by the Act, or if you have received notice of work from a neighbour and want advice on how best to protect your property please contact: