Can You Start Building Work Without a Party Wall Agreement?

In some cases, you may be able to start building work without a party wall agreement. But if your work falls under the Party Wall etc. Act 1996, you should not start building without following the correct process.

If the Act applies and you proceed without serving notice, your neighbour may  take legal action. This can delay your project or even stop it completely.

In this guide, we explain when you can build without a party wall agreement, what happens if you do not follow the rules, and when you should speak to a party wall surveyor. 

When Does the Party Wall Act Apply?

The Party Wall Act applies to specific types of building work carried out near shared structures or neighbouring properties.

It usually applies when you:

• Cut into a shared wall
• Insert steel beams into a party wall
• Remove a chimney breast attached to a party wall
• Build directly on the boundary line
• Excavate within 3 metres of a neighbouring or shared structure and deeper than its foundations

Loft conversions often trigger the Act as well as ground based extensions even if you are not directly working on a shared wall.

If you are unsure whether your project falls within the Act, it is important to check before starting work.

When Do You Need a Party Wall Agreement?

If your works fall within the scope of the Act, you must serve the necessary  party wall notices at least 1 month before starting. This increases to 2 months where the proposed work directly affects a party structure.

After notice is served:

• Your neighbour can consent, allowing the work to proceed
• Or they can dissent, which triggers the Act’s dispute resolution process

If a dispute arises, both parties must appoint a surveyor, and a party wall award is prepared.

The award sets out how the work must be carried out.

Many homeowners refer to this outcome as a “party wall agreement”.

Can You Build Without a Party Wall Agreement?

You can only build without a party wall agreement if the Act does not apply or if your neighbour has given written consent.

If your work is not covered by the Act, no notice is required.

If notice is required and your neighbour consents, you may proceed without appointing surveyors. However, the statutory notice period still applies, unless it has been waived by the adjoining owner.

If notice is required and you skip the process, you are taking a legal risk.

What Happens If You Build Without a Party Wall Agreement?

If you start work without following the Act when it applies, several things can happen.

Your Neighbour May Take Legal Action

Your neighbour may apply for an injunction to stop the works until the correct procedure is followed.

This can cause delays and additional costs, especially if construction has already started.

You May Be Liable for Damage

If damage occurs and no formal process was followed, it can be more difficult to resolve disputes.

A schedule of condition would normally provide evidence of the property’s condition before works began. Without it, disagreements can become more complex.

Retrospective Agreements Are Not Always Simple

In some cases, it may be possible to resolve matters after works have started by serving notice late and appointing surveyors.

However, this is not always straightforward and depends on the stage of the project and the relationship between neighbours.

It Can Affect Future Property Sales

Buyers and solicitors may raise questions if works were carried out without following the Party Wall Act.

In some cases, this can delay a sale or require additional documentation to resolve.

What If My Neighbour Starts Building Without a Party Wall Agreement?

If your neighbour begins work and you believe the Act applies, you should act quickly.

Check whether:

• The work affects a shared wall
• Excavation is taking place close to your foundations
• You have received any formal notice

If notice should have been served but was not, you may decide to take steps to protect your position.

Early advice is important. The longer works continue, the more difficult it can be to resolve the situation.

Can I Create My Own Party Wall Agreement?

You cannot bypass the process by creating your own agreement outside the framework of the Act.

The correct procedure involves serving notice and, where necessary, appointing surveyors to prepare a party wall award.

If your neighbour consents in writing, that consent can act as an agreement. However, it does not replace the legal structure provided by the Act.

How Much Does a Party Wall Agreement Cost?

Costs vary depending on the type of work and whether surveyors are required.

If your neighbour consents, costs are minimal.

If surveyors are appointed, fees typically depend on the complexity of the project and the number of adjoining owners involved.

We explain typical costs and what affects them in our party wall surveyor cost guide.