Adjoining Owners & Occupiers

Expert independent advice will help you assess the validity of any notice and make an informed decision about how to respond. You may not be familiar with construction works, technical design or terminology, or the requirements of statutory authorities.

If you live in England and Wales and your neighbour is planning building works, they must comply with the Party Wall etc. Act 1996. It is a legal duty for a Building Owner (the property owner intending to carry out the work) to serve notice of their intentions on an Adjoining Owner before executing works to which the Act relates. This includes building on the line of junction (the property boundary on the ground), works to existing party structures, and certain excavation and construction works below ground. The statutory notice periods are either one or two months depending on the type of work.

Naturally, the Building Owner will be responsible for any damage to your property arising from their works.

Adjoining Occupiers have more limited rights under the Act than Adjoining Owners. They are not entitled to receive the notices described above but are entitled to notice where access onto the Adjoining Owner’s property is required.

In certain circumstances, an Adjoining Owner may serve a counter‑notice on the Building Owner requiring additional works to be carried out for their benefit.

The Act also allows Adjoining Owners to serve notice requiring security for expenses from the Building Owner before the works commence. This is typically to cover the potential cost of reinstatement should the works not be completed for any reason. In certain circumstances, the Building Owner may also request security from the Adjoining Owner.

If you dissent to the Building Owner’s proposals contained in the notice, this gives rise to a dispute under the Act. If you fail to respond positively within 14 days of the notice being served, a dispute is deemed to have arisen (except in the case of works under s.1). Where a dispute arises or is deemed to have arisen, it must be resolved by surveyor(s) in accordance with s.10 of the Act. The parties must either concur in the appointment of a single Agreed Surveyor or each appoint their own surveyor to resolve the dispute by way of an Award.

Surveyors are appointed under the Act in a personal capacity and must be independent of the parties. The role is sui generis (unique) and quasi-judicial / quasi-arbitral in nature and their jurisdiction is limited to resolving the dispute between the parties. They cannot delegate their statutory functions or decision-making and their appointments cannot be rescinded by either party.

Where two surveyors are appointed, they must jointly select a third surveyor at the outset. The third surveyor becomes involved only if a matter in dispute is formally referred to them by either surveyor or either party; for example, on issues relating to access, costs, or interpretation of the legislation. Any determination made by the third surveyor will take the form of an Award. Your surveyor should confirm who has been selected as the third surveyor.

An Award is a formal and legally binding determination made by the appointed surveyor(s) that authorises the notified works to proceed and sets out the rights and obligations of the parties. It will name the parties and the relevant properties and may include drawings, method statements, and other pertinent information. The Award will typically also contain a schedule of condition recording the state of the Adjoining Owner’s property before the works begin. The Award is served on the parties, each of whom has a right of appeal to the County Court within 14 days. If no appeal is made, the Award becomes conclusive and cannot then be challenged in any court.

If damage arises to the Adjoining Owner’s or Occupier’s property and the parties cannot agree the cause, extent, or remedy, the matter may be referred back to the surveyors for determination by way of a further Award.

If a Building Owner is carrying out notifiable works and has not served you with the relevant notice(s), and is not engaging positively with you, you may wish to seek to stop the works by applying to the courts for an injunction. If granted, an injunction will restrain the Building Owner from continuing the unauthorised works until the Act is complied with. You are strongly advised to seek legal advice before taking this course of action.