The Law Behind Party Wall Injunctions

The primary legislation governing party wall matters in England and Wales is the Party Wall etc. Act 1996. This law exists to protect property owners when building works affect shared walls, boundaries, or structures.

Key Requirements of the Party Wall etc. Act:

✔ Property owners must serve formal notice before undertaking certain types of construction work that affect shared walls, boundaries, or neighbouring structures. ✔ Neighbours have a legal right to consent or dissent to these works. ✔ Where there is dissent, a party wall surveyor (or surveyors) must be appointed to prepare a party wall award, setting out the terms under which the work can proceed. ✔ No work should start until the proper process is complete.

When is a Party Wall Injunction Appropriate?

If a neighbour starts works without complying with the Party Wall etc. Act - for example, by failing to serve notice or ignoring a party wall award - affected property owners can seek a party wall injunction through the courts.

An injunction legally prevents the unauthorised works from continuing and protects your property from potential damage or legal uncertainty.

Other Relevant Legislation

In addition to the Party Wall etc. Act 1996, the following legal principles may be relevant:

• The Law of Nuisance - Protects against unreasonable interference with the use or enjoyment of your property.

• Trespass to Land - Prevents unlawful entry onto your land, including structural encroachments.

• General Property Law - Provides further remedies for property owners affected by unlawful building works.

Need Advice on Party Wall Injunctions?

If you believe your neighbour has breached the Party Wall etc. Act, don’t delay. The sooner you seek advice, the better your chances of protecting your property.

Contact Us Injunct - The Specialist Service for Party Wall Injunctions Across England & Wales.