What if I have started my work not realising I should have served notice?
If the works you have commenced fall under the provisions of the Act, those works would be regarded as ‘unauthorised works’. As such, the adjoining owner can take legal action against you to have the works stopped and they can claim their costs and damages from you. If you have started the works and subsequently realised you should have served notice, you should stop the work and contact a party wall surveyor immediately for advice. You would not benefit from the rights and protections offered by the Act in respect of the unauthorised works.
