RISK 01
Injunction
An adjoining owner can apply to court to halt the works. A stoppage mid-project is costly, delays completion and can sour relations badly.
Already started work?
Started work without serving notice?
Work started without notice needs a careful assessment. A retrospective award is not an automatic cure; we can explain the available options for you and your neighbour.
Don’t panic — act quickly
- We can advise either owner
- Review the notices and work already done
- Understand your options and next steps
The situation
What is a retrospective award?
The phrase can describe different situations. The first question is whether the Act was validly engaged.
Required notices should be served before the relevant work begins. A late notice or award cannot simply rewrite the history of completed work. Send us the notices, drawings and dates so we can assess the position.
A dispute alone does not create section 10 jurisdiction. Where no party structure notice was served and the Act was not invoked, an adjoining owner cannot create statutory authority simply by appointing surveyors. Common-law remedies may remain available. Where the statutory procedure was validly engaged, a later award may address matters within the surveyors’ jurisdiction. Remaining notifiable work may need the appropriate notice procedure; completed work, private agreements and any court remedy require separate consideration. Read our guide to completed excavation and later awards.
Putting it right
How we help
A calm, practical assessment of the work, documents and options available.
1
Quick assessment
Tell us what has been done and what’s left. We confirm whether the Act applies and what the sensible next step is. Free, same-day where we can.
2
Open the dialogue
We approach your neighbour properly and professionally — often defusing tension and avoiding the threat of an injunction.
3
Record the condition
We prepare a schedule of condition for the affected property now, so any existing or future damage can be assessed fairly.
4
Identify the correct route
We explain whether a statutory process, private agreement, remedial work or legal advice is appropriate. We do not assume an award can be made.
Common questions
Quick answers
Will I have to stop work?
We cannot promise that work can continue. Send the details promptly so the remaining work, permissions, notices and any urgent concerns can be assessed before you decide the next step.
My neighbour is already upset — can this still work?
Yes. A neutral surveyor changes the tone of the conversation. Our job is to resolve the matter fairly, which is often exactly what reassures an anxious neighbour.
What if damage has already happened?
Keep dated photographs and relevant correspondence. A surveyor can assess the evidence and advise on the appropriate route. A condition record documents what is visible; it does not prevent further damage or automatically give a surveyor power to determine a claim.
How fast can you act?
Quickly — this is time-sensitive. Call us and we’ll start straight away.
Work already under way?
The sooner we’re involved, the easier it is to resolve. Call 0207 11 88 3 55 today.
Let’s put it right
Tell us where things stand and we’ll guide you back to safe ground — protecting you and your neighbour.
Advice for either ownerFast responseNo obligation
Note: This page is a plain-English overview of the Party Wall etc. Act 1996 for general information only. It is not legal or professional advice and is not a substitute for advice on your specific circumstances. For guidance on your matter, please get in touch.