Quick answer: The first step is to establish whether the work is actually covered by the Act. If it is, contact the building owner promptly, document the condition of your property and seek specialist advice. In urgent cases an adjoining owner may consider applying to the court for an injunction, but court action carries cost and legal risk.
This article concerns England and Wales. It provides general information, not legal advice. The application of the Party Wall etc. Act 1996 depends on the facts, ownership and proposed work.
Check whether the work is notifiable
Not all building work falls under the Act. Ask for drawings and foundation details and compare the proposal with sections 1, 2 and 6. Planning approval alone does not answer this question.
Record evidence
Keep dated photographs, videos and a written chronology. Record existing and new cracks separately. Avoid entering the building site or obstructing work in a way that creates safety or legal problems.
Contact the building owner
A calm written request for information can resolve misunderstandings quickly. Explain the suspected notifiable work and ask for the owner’s surveyor or contractor details.
When urgent advice is needed
Where covered work is imminent or underway and damage is feared, promptly consult a party wall surveyor and, where an injunction is being considered, a solicitor. The Act does not provide a simple retrospective notice that automatically cures completed non-compliance.
Frequently asked questions
Can a council enforce the Party Wall Act?
Usually not. Party wall matters are private civil matters, separate from planning and building-control enforcement.
Does no notice make the building work illegal?
The position is more nuanced: failure to follow the Act can remove statutory protections and lead to civil remedies, but it does not automatically determine every wider property issue.
Authoritative sources and further help
Read the official GOV.UK explanatory booklet and the Party Wall etc. Act 1996 on legislation.gov.uk. For the wider process see our building owners guide, adjoining owners guide and notice guidance.
Reviewed: 16 July 2026. Seek advice from a suitably experienced party wall surveyor or solicitor where the facts or legal position are disputed.