How to Apply for a Party Wall Injunction

If you discover your neighbour has started building work without serving notice or

complying with the Party Wall Act, you may need a party wall injunction to stop it.

But how do you actually apply for one? Here’s a step-by-step guide to help you navigate the

legal process.

Step 1: Seek Legal Advice Immediately

Party wall injunctions can be granted on an emergency basis, sometimes the same day. That

means you’ll need to act fast.

Instructing a solicitor who specialises in property disputes or party wall matters is highly

recommended. They can assess your case, prepare documents, and make urgent applications to court.

Step 2: Gather Your Evidence

To succeed in obtaining an injunction, you’ll need to prove:

• That works have started unlawfully (e.g. without notice or award)

• That there’s a serious and immediate risk of damage

• That you acted promptly and responsibly

Your solicitor will likely ask you to provide:

• Photographs of the works

• A timeline of events

• Any communications with the building owner

• Witness statements, if available

Step 3: Apply for the Injunction in Court

Your solicitor will prepare an application to the County Court (or in some cases the High

Court) requesting an injunction.

The documents typically include:

• Claim form

• Witness statements

• Legal submissions referencing the Party Wall etc. Act 1996
  

In urgent cases, a judge may hear the application on the same day, even without the other

party being present (known as a without notice hearing).

Step 4: Comply with Court Requirements

If the court grants the injunction, you’ll likely be required to:

• Serve the injunction order on the building owner immediately

• Return to court for a full hearing (usually within a week)

• Possibly give an undertaking as to damages (a promise to cover losses if the

injunction was wrongly granted)

Step 5: Follow Up with Surveyors

After the injunction is in place, both parties will typically need to resolve the matter by:

• Appointing party wall surveyors

• Issuing a valid Party Wall Award

• Ensuring the works comply with that award before resuming

How Much Does It Cost to Apply for a Party Wall Injunction?

Legal costs vary depending on complexity and urgency but can range from £2,000 to

£10,000+. In many cases, the building owner may be ordered to pay your legal costs if you are successful.

Legal aid is not generally available for party wall matters, so private funding is usually

required.

Summary

Applying for a party wall injunction can feel daunting - but if your property is at risk from

unlawful building works, it may be your best option.

Work with an experienced solicitor, act quickly, and document everything. The sooner you

act, the stronger your case.

Need urgent help applying for an injunction? Contact our team today for expert legal

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