The Cost of Getting It Wrong: Party Wall Act Errors That Delay Projects and Trigger Disputes

So you’ve got your Planning Permission, accepted the builders quote and you are looking forward to your long awaited work to start imminently. Everything feels like it’s moving smoothly — until the knock at the door. A letter from your neighbour, or worse their solicitor, informing you that works that you are about to undertake are notifiable under the Party Wall etc. Act 1996 and they will take legal action if you don’t follow the statutory procedure.

At Charterhouse, that type of last minute Party Wall situation is something we deal with most weeks. The stress and the impact of the potential delays are almost always worse than the homeowner ever imagined - all because the Party Wall process was skipped, delayed, or approached casually.

If you’ve browsed our other resources, you already know the basics of the Act. What follows is a more in depth look at this particular aspect — the subtle procedural errors that catch Building Owners out, and the very real consequences when the statutory process is not followed.

Common Traps Building Owners Fall Into

Even homeowners who think they understand the rules can easily make these costly mistakes:

Relying on Verbal Agreements

A friendly chat over the fence might seem enough, but without a properly served notice, you have no enforceable protection if relations change or damage is alleged. Anecdotally, if its not written down, it doesn’t exist.#

Delaying Service of Notice

Waiting until just before works start — or worse, after — erodes goodwill and leaves you vulnerable to a dissent that could delay the start of the works.

Misjudging What Qualifies as Notifiable Works

Many assume the Act only applies to shared walls. In reality, the Party Wall etc. Act 1996 involves many other works that are often undertaken when a Building Owner extends their home - walls being built along the boundary, excavations, or relatively minor alterations near the party wall.

Serving Invalid Notices

The DIY templates available online can often lead to issues and delays. In our experience, 9 out 10 (it really is that high) notices served by homeowners themselves are incorrect in some important way, meaning they are invalid.

How Trying to Skip the Process Unravels a Project

If a Building Owner commences works that are deemed notifiable under the Party Wall etc. Act 1996, without serving notice and following the process outlined, the works will be classed as ‘unlawful’. This in itself is bad enough, but the consequences can be worse.

If the Adjoining Owner is worried about the impact of the works on their property, they could apply to the court to have an injunction imposed to stop the notifiable works being carried out until the procedure outlined in the Act has been followed – injunctions such as this can be granted in a matter of hours. Courts in England and Wales tend to take a dim view of a Building Owner who has bypassed a statutory procedure. If the judge finds that the works were commenced unlawfully, cost orders are typically made against that owner as the party “in the wrong”.

Even if the Adjoining Owner chooses not to pursue an injunction, the Building Owner is far from “off the hook.” By carrying out notifiable works without following the statutory procedure, they expose themselves to future claims for damage—claims that are notoriously difficult to defend.

Under the Party Wall process, the Adjoining Owner is entitled to request a schedule of condition before works begin. This photographic record conducted by surveyors protects both parties: it helps the Adjoining Owner evidence any damage that may occur, and it shields the Building Owner from any unfounded allegations. But when works proceed unlawfully, that safeguard is lost long after the works are complete. In the absence of proper documentation, and with statutory obligations ignored, the Building Owner will face an uphill battle defending any claim in front of a judge.

The True Cost in Time and Money

Delays caused by Party Wall disputes aren’t just inconvenient — they have a compounding effect. If work has commenced and your neighbour raises a dispute, you might still be paying for scaffolding hire even though no work is taking place, your property may literally be a building site with all the mess and materials making your day to day life difficult and stressful. Worse, you may find your preferred contractors are no longer available, forcing you to wait or pay a premium for alternatives.

How to Avoid the Pitfalls

If you already understand the basics, here’s where to focus for a smoother project:

Engage a Party Wall Surveyor Early

Speak to an experienced professional before locking in your build schedule. The statutory notice period cannot be shortened, even when your neighbour consents to the notice.

Serve a Fully Compliant Notice

The smallest detail — wrong dates, insufficient drawings, missing names — can invalidate a notice entirely. We find 90% of Building Owners serve invalid notices, getting professional advice at this stage helps avoid these basic mistakes.

Plan for the Possibility of a Dispute

If the work is likely to be contentious, include surveyor fees and Award preparation in your budget & timeline from day one.

Keep Written Records

Copies of notices, consents, and correspondence can be invaluable if disagreements arise later.

Final Word

Many homeowners see the Party Wall process as an unwelcome formality — something to sidestep if possible. But the reality is that ignoring it rarely saves time or money. In fact, most of the disputes we deal with stem from Building Owners who delayed, improvised, or skipped the procedure entirely.

The result? Delays, unexpected costs, and the kind of legal complications that most homeowners would rather avoid. While the Party Wall Act may feel like an administrative hurdle, it’s a legal requirement that’s best handled with professional advice. Taking the right steps early on helps you stay in control of your project and reduces the risk of disputes down the line.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified Party Wall surveyor or legal professional.