What happens if you don’t have a party wall agreement?

If your building work falls under the Party Wall etc. Act 1996, and you do not follow the correct process, it can cause problems.

In some cases, nothing happens. In others, it can lead to delays, disputes, or legal action.

The outcome depends on the type of work, your neighbour’s response, and whether any damage occurs.

In this guide, we explain what can happen if there is no party wall agreement and when you need a party wall surveyor. 

What Happens If Work Is Done Without a Party Wall Agreement?

If work that falls under the Party Wall Act is carried out without serving notice when required, your neighbour may take action.

This can include:

• Asking you to stop the work
• Seeking legal advice
• Applying for an injunction to pause the project

An injunction can delay your build while the correct procedure is followed. This is more likely if the works are ongoing and the Act clearly applies.

Can My Neighbour Stop the Work?

In some situations, yes.

If the Party Wall Act applies and the correct process has not been followed, your neighbour may be able to take steps to stop the work temporarily.

However, they cannot usually prevent lawful development altogether. The issue is the process, not the project itself.

Once the correct steps are taken, the work can often continue.

What If Damage Occurs Without a Party Wall Agreement?

If damage occurs and no party wall process was followed, it can be harder to resolve.This is because disputes would have to be resolved by the courts rather than appointed party wall surveyors. 

A formal party wall process normally includes a schedule of condition, which records the state of the neighbouring property before work begins.

Without this record, it can be difficult to prove what damage existed beforehand and what was caused by the works.

This can lead to disputes over responsibility and repair costs.

What Happens If Neighbours Don’t Agree to a Party Wall Agreement?

If a neighbour refuses to agree, this does not stop the process.

Under the Act, refusal or non-response gives rise to a dispute. Surveyors are then appointed to prepare a party wall award.

The award allows the work to proceed with conditions in place to protect both properties.

So while agreement is not always reached informally, the Act provides a clear route forward.

Can My Neighbour Build Without a Party Wall Agreement?

Your neighbour can only build without a party wall agreement if the Act does not apply or if you have given written consent.

If the Act applies and they have not served notice, they may be in breach of the process.

If you are affected, it is important to act early. The longer the work continues, the more difficult it can be to resolve.

Can a Party Wall Agreement Be Done After Work Has Started?

In some cases, yes.

It may be possible to serve notice late and appoint surveyors to formalise the situation.

However, this depends on the stage of the works and whether both parties are willing to engage.

Retrospective agreements are often more complicated than following the correct process from the start.

What Should You Do If There Is No Party Wall Agreement?

Your next step depends on your position.

If you are the building owner:

• Stop and review whether the Act applies
• Seek advice before continuing work
• Consider serving notice as soon as possible

If you are the adjoining owner:

• Check whether the work falls within the Act
• Raise the issue with your neighbour
• Seek advice if you have concerns about damage or risk

Acting early is usually the best way to prevent the situation escalating.