Common Reasons Why Party Wall Injunctions Are Granted

When disputes arise over party walls, courts in the UK can intervene by granting a party

wall injunction to prevent unlawful or unsafe building works. Understanding the typical

reasons why injunctions are granted can help you recognise when you might need one - and

how to strengthen your case.

1. Building Work Without Proper Notice

One of the most frequent reasons for injunctions is that the building owner fails to serve the

required party wall notice under the Party Wall etc. Act 1996.

Without formal notice, adjoining owners are denied their legal right to review, consent, or

dispute the works. Courts often swiftly grant injunctions to stop work until the notice and

consent procedures are followed.

2. Starting Work Before a Party Wall Award Is Agreed

Even if a notice is served, the law states that building work cannot start until either consent

is given or a Party Wall Award is agreed upon by the appointed surveyors.

Courts regularly grant injunctions when work starts prematurely, to prevent damage or

disputes escalating.

3. Risk of Structural Damage or Property Harm

If the proposed or ongoing works pose a serious risk of damage - for example, cracks in

walls, subsidence, or disturbance to foundations - the court may grant an injunction to halt

the works immediately.

Evidence like photographs, expert reports, or witness statements can help prove this risk.

4. Non-Compliance with Surveyors’ Directions

The Party Wall Act requires surveyors to supervise and enforce the terms of the Party Wall

Award.

If a building owner ignores surveyors’ instructions or access rights, the court may

intervene by granting an injunction to protect the adjoining owner’s rights.

5. Work Causing Nuisance or Safety Hazards

Beyond property damage, courts may also issue injunctions if the building work causes a

public nuisance, noise issues, or health and safety hazards.

These grounds may support a party wall injunction alongside or independent of the Act.

6. Failure to Remedy Previous Damage

In cases where damage from earlier works remains unaddressed, an injunction can prevent

further building until repairs or compensation are agreed.

How to Use This Knowledge

If you suspect your neighbour’s works fall into any of these categories, you should:

• Document all works and any damage immediately

• Seek advice from a party wall surveyor or specialist solicitor

• Consider applying for a party wall injunction promptly to protect your rights

Summary

Party wall injunctions are granted by courts to ensure the Party Wall etc. Act 1996 is properly

followed and to protect property owners from unlawful or damaging building works.

Common reasons include failure to serve notice, starting work too soon, risk of damage, and

ignoring surveyor instructions.

Act quickly if you face these issues to safeguard your property and legal rights.

Need help with a party wall injunction? Contact our expert team for fast, effective

advice today. Call 0800 612 6142 or email info@injunct.co.uk.