Check what was actually required
First establish whether the operations fall within the Act. Minor surface work is not the same as cutting into a party structure, constructing a qualifying boundary wall or excavating within the statutory distance and depth tests. There is no missing-notice problem merely because a neighbour dislikes work that is genuinely outside the Act. [3][4][5]
Where notice was required, collect the drawings, construction dates, any correspondence claimed to be consent and details of the owners affected. Do not alter dates or create records suggesting a notice was served when it was not. The statutory notice and service requirements concern what actually happened. [6][7]
The council does not administer this process
Government guidance explains that the Act contains no enforcement procedure for failure to serve notice. An adjoining owner may seek an injunction or other legal redress. The absence of a party wall notice is therefore not, by itself, something the planning department can cure by approving an application. [1]
That should not be confused with saying that every breach connected with the Act is legally inconsequential. It also does not prevent separate planning, building-control or other action where those controls are breached. [1]
Why a retrospective award is not an automatic solution
In Power and another v Shah (Court of Appeal, 2023, EWCA Civ 239), the Court of Appeal considered party-structure work undertaken without the building owner serving a notice. It held that the section 10 machinery had not been engaged in the circumstances, so the surveyors could not impose the purported award through that route. [2]
The case is a warning against assuming that the neighbour can unilaterally recreate the statutory process after the event. It does not mean the building owner becomes immune from ordinary civil claims, or that every possible dispute involving past work has the same facts. [2]
Steps for the building owner
Pause before continuing any operation whose legal basis is unresolved. Obtain advice on the existing work, what remains to be done and whether a valid notice can be served for future qualifying operations. A future notice should not be presented as proof that earlier work was properly notified. [1][2]
Arrange an appropriate assessment of any alleged damage and preserve records of the construction. Where the neighbour seeks an injunction or sends a solicitor's letter, deal with the legal issue promptly rather than assuming the builder's planned completion date resolves it. [1]
Steps for the adjoining owner
Ask the building owner for the relevant information, preserve evidence and seek advice from a party wall specialist and solicitor about the correct remedy. Do not assume appointing two surveyors without the necessary statutory foundation will produce an enforceable award. [2]
If a court order is sought or served, the parties need case-specific legal advice. A constructive discussion may help resolve practical issues, but it should not be mistaken for confirmation that all past or future work is lawful. [1][2]