Frequently Asked Questions

General Information

1. What is a party wall injunction?

A party wall injunction is a court order that legally prevents or halts unauthorised

building works that affect a shared or adjoining wall, structure, or boundary under the

Party Wall etc. Act 1996.

2. When can I apply for a party wall injunction?

You can apply if your neighbour starts notifiable work without serving a Party Wall

Notice or if they continue work despite a dispute or lack of agreement.

3. What qualifies as notifiable work under the Party Wall Act?

Notifiable works include building on or near a boundary line, excavating near a

neighbouring structure, or carrying out work on a shared wall, such as cutting into it

or raising it.

4. Can I stop my neighbour from starting work near my property?

Yes, if the work falls under the Party Wall etc. Act and they haven't served a notice or

obtained consent, you may seek a party wall injunction to stop it.

5. Is a party wall injunction the same as a court order?

Yes, a party wall injunction is a form of court order granted by a judge, typically on an

urgent basis to prevent unauthorised works.

Legal Requirements & Procedures

6. Do I need a solicitor to get a party wall injunction?

While it's possible to apply yourself, party wall injunctions are legal proceedings. It is

strongly advised to instruct a solicitor or a party wall surveyor with litigation

experience.

7. How quickly can I get an injunction?

Injunctions can be granted the same day or within 24–48 hours in urgent cases,

depending on the evidence and severity of the works.

8. What evidence do I need to apply for an injunction?

You’ll need photos/videos of the works, evidence that no notice was served, and any

correspondence showing your objections.

9. Do I have to notify my neighbour before applying for an injunction?

Yes, the court usually expects the applicant to notify the other party unless there's an

immediate risk of serious damage or harm.

10. Can I get an injunction without going to court?

No. An injunction is a legal remedy and must be granted by a court.

Costs and Damages

11. How much does a party wall injunction cost?

Costs can range from £2,000 to £10,000+, including solicitor and court fees. Costs

may be recoverable from the neighbour if the injunction is successful.

12. Can I recover legal costs from my neighbour?

Yes, if the injunction is granted, the court can order the other party to pay your legal

costs.

13. Can I claim damages after getting an injunction?

Yes. If damage has occurred, you can pursue a claim for repairs or loss caused by

the unauthorised works.

14. Will I have to pay compensation if I wrongly apply for an injunction?

Possibly. If the injunction is found to be unnecessary or improperly obtained, you may

be liable for the other party’s losses.

15. What is a cross-undertaking in damages?

It’s a promise to compensate the neighbour if the injunction is later found to have

been wrongly granted. Courts usually require this undertaking.

Dispute Resolution and Surveyors

16. Can I get an injunction if a Party Wall Award hasn't been agreed?

Yes. If your neighbour begins work before an Award is in place, an injunction can

stop the works.

17. Do I still need a party wall surveyor if I get an injunction?

Yes. The injunction stops the work, but a surveyor is needed to resolve the

underlying party wall dispute.

18. What if my neighbour ignores the injunction?

Breaching an injunction is contempt of court and could result in fines or

imprisonment.

19. Can an injunction stop excavations near my foundation?

Yes, if no notice was served under Section 6 of the Act, and the works pose a risk to

your structure.

20. What if I gave verbal consent for the works?

Verbal consent is not valid under the Act. Only written consent or a Party Wall Award

protects both parties.

Emergency and Urgent Situations

21. Can I get an emergency injunction over the weekend?

Yes, emergency injunctions can be obtained outside of normal court hours via urgent

court applications.

22. What do I do if works are damaging my property right now?

Take photos/video, call a party wall surveyor or solicitor immediately, and apply for an

emergency injunction.

23. How fast can the works be stopped?

If granted, the injunction is effective immediately once served on the neighbour.

24. Who serves the injunction once it is granted?

Usually, your solicitor or process server will serve the injunction on the other party.

25. Can the police help enforce a party wall injunction?

No, but if there’s a breach, the court can impose sanctions. Police involvement is

only necessary if there’s a breach of the peace.

Neighbour’s Responsibilities

26. Does my neighbour have to serve a Party Wall Notice?

Yes, before undertaking notifiable works, they must serve a notice and obtain

consent or follow the dispute resolution process.

27. What happens if they serve a notice late?

You still have the right to dissent, which triggers the need for an Award before works

begin.

28. Can I object to the works entirely?

You can dissent, which means surveyors must resolve the dispute. However, the Act

does not allow you to prevent the works indefinitely if they’re lawful.

29. Can my neighbour continue work after I dissent?

No, they must wait for a Party Wall Award to be agreed before continuing.

30. What if they ignore the Party Wall Act entirely?

This is grounds for an injunction and possible claims for damages.

Court Process

31. Which court deals with party wall injunctions?

The County Court or High Court can grant party wall injunctions depending on

urgency and complexity.

32. Do I need to attend the court hearing?

Often yes, particularly for interim injunctions. Your solicitor will guide you through the

process.

33. What is an ex parte injunction?

It’s an injunction granted without the other party being present, usually in

emergencies.

34. What happens after an injunction is granted?

The neighbour must immediately stop works. A court hearing is then scheduled to

decide next steps.

35. Can the injunction be discharged?

Yes, if the neighbour later complies with the Act or convinces the court it is no longer

necessary.

Enforcement and Breach

36. What if my neighbour resumes work after the injunction?

This is contempt of court. Return to court immediately – they may face penalties,

including fines or jail time.

37. Can I get a permanent injunction?

Yes, though typically injunctions are interim. Permanent orders may be made

depending on the case.

38. Can an injunction cover multiple issues (e.g., trespass + party wall)?

Yes. Courts can issue combined injunctions covering various causes of action if

justified.

39. How do I prove my neighbour didn’t serve a Party Wall Notice?

Keep detailed records, correspondence, and obtain a witness statement confirming

no notice was received.

40. Can I use drone footage as evidence in court?

Yes, if obtained lawfully and relevant to the case, drone footage may be admissible.

Post-Injunction Matters

41. Do I still need to go through the party wall process after an injunction?

Yes. The injunction halts the work, but surveyors must still resolve the dispute and

issue an Award.

42. Can the injunction affect property value or sale?

Potentially, especially if legal disputes are ongoing. Buyers may seek reassurance

that the matter is resolved.

43. How long does an injunction stay in force?

It remains until the court lifts it or a final order is made. Some are time-limited or

conditional.

44. Can I apply for an injunction if I live in a leasehold flat?

Yes, if you are the adjoining owner affected by works. Your leaseholder status doesn't

prevent you from applying.

45. What if my landlord is the affected party – can I still act?

You may need the landlord’s involvement or consent depending on your lease terms.

Professional Support & Guidance

46. Do all surveyors deal with injunctions?

No. Party wall surveyors do not apply for injunctions, but some work closely with

solicitors to provide supporting evidence.

47. Should I instruct a party wall surveyor or a solicitor first?

In urgent cases, instruct a solicitor first. For ongoing disputes, a party wall surveyor is

essential to resolve the issue under the Act.

48. Can a party wall Award stop the need for an injunction?

Yes, if served in time, a valid Party Wall Award can prevent disputes escalating to

legal proceedings.

49. How can I find a solicitor experienced in party wall injunctions?

Look for firms specialising in property or construction disputes. Some party wall

surveyors can refer you to trusted legal professionals.

50. Where can I learn more about the Party Wall etc. Act 1996?

You can read the full Act online at legislation.gov.uk, or speak to a qualified party wall

surveyor for expert guidance.