Failure to Serve Party Wall Notice

If you are a ‘Building Owner’, who instigates the building work, the most severe sanction available under the Act is a Court injunction. This would stop any ongoing party wall works (and in all probability, the wider construction scheme as a whole) for an indefinite period, whilst the pertinent facts are investigated.

It would also increase the likelihood of substantiated claims, and allegations of damage, as there is less likely to be a point of reference (such as an up to date schedule of condition) if the Party wall process has not been followed.

Even action that stops short of a full injunction can prove to be far costlier than following the statutory process in the first instance.

Legal cases have been reported where party wall Notices have not been served, prior to carrying out works.

Failure to Serve Party Wall Notice

At Harding Chartered Surveyors, we’re a team of independent and impartial RICS surveyors that can carry out party wall matters. If you have any questions or need advice don’t hesitate to call us on 020 7736 2383.

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Alexander N.
I contacted Handing Chartered Surveyors to undertake a Level 2 RICS survey for a help to buy redemption in Southall, following issues with the paperwork produced by a large online competitor, resulting in the original valuation document being rejected. On contacting Harding I set out my needs along with the issues faced previously, and Harding were very quick to respond, as well as to confirm they were happy to be flexible if there were issues with the process after the valuation report was produced. Jessica from the team visited and undertook the survey following a discussion about my specific situation and needs, as well as discussing the process and next steps. She was kind, courteous and communicative throughout, calling to discuss the valuation prior to it being finalised and issued. Help to Buy subsequently accepted the valuation with no issues at all, a success! While it is sometimes cheaper and quicker to go with a large provider, it is also very difficult to discuss case specifics, and to address any challenges. I am personally very grateful for the service I received, a strong reminder to go local to get what you need, and I will very happily employ Harding again for any future survey needs.
Jakob
Harding Surveyors are very prompt, professional and helpful. Their reports are detailed and very clear. They have saved me from major property headaches that I couldn’t see myself.
Joe M.
Excellent ! Very professional. The report was produced quickly. Charlie, the surveyor, was excellent. I have no hesitation in recommending Harding.

Written & Reviewed by Jeremy Goldney
Party Wall and Boundary Surveyor · MFPWS MPTS
Last reviewed: September 2026