Adjoining Owners & Neighbours

Our Chartered Surveyors at Collier Stevens are here to provide advice on what to do when you receive a Party Wall Notice, how to respond, and how our party wall specialists in London, Kent and Folkestone can help. 

What is an adjoining owner?

An ‘Adjoining Owner’ is anyone who owns land, buildings or rooms adjoining those of what the Party Wall etc. Act 1996 refers to as the ‘Building Owner.’ 

These might be either to the side, or above/below in the case of flats, and even not physically adjoining in the case of excavating near an adjacent building. The adjoining property may have a freehold owner or a leasehold owner, all of whom may be an ‘Adjoining Owner’ under the Act. If you are a tenant, then the landlord is the adjoining owner.

Party wall matters

Party wall legislation protects an adjoining owner’s property rights, as well as those of the building owner if any of the following work is being undertaken:

  • Work on a party wall or party structure shared with another property (Section 2 of the Act).
  • Building a free-standing wall on, or up to, the boundary with a neighbouring property (Section 1 of the Act).
  • Building a party wall astride the boundary with a neighbouring property (Section 1 of the Act).
  • Excavating near an adjacent building (Section 6 of the Act).

For more information, take a look at our Party Wall Act guidance.

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What should I do if I receive a party wall notice?

If your neighbour (the ‘Building Owner’) decides to do any work described in the Party Wall Act, it is a statutory requirement that as an adjoining owner, you receive written notification of the proposed work. This notification is called a party wall notice.

If you receive a party wall notice, you must respond correctly to avoid prejudicing your position. You must reply to the notice within 14 days, otherwise you are deemed to have dissented.

The choices that you have include:

  • Consent to the work – this is not generally recommended, as it means there is no survey or party wall agreement.
  • Dissent and appoint your own surveyor to work with your neighbour’s surveyor – the proposals will be properly considered, there will be a survey of your building and a party wall agreement will be prepared to protect both you and your building 
  • Dissent and agree to use one surveyor acting impartially for both sides – this can work well where the work is straightforward, not contentious, and the parties get along.
  • Do nothing – this is not recommended. Eventually a surveyor will be appointed for you and a party wall agreement will be prepared, if necessary, without a survey if the surveyors cannot access your building.

What if I don’t want the party wall work to take place?

If the planned work is allowed by the Party Wall Act, you cannot refuse, but you should insist on a party wall award being prepared. 

In this case, you (the adjoining owner), and the building owner will each need to appoint a party wall surveyor to draw up the award between them. 

Alternatively, you and the building owner can jointly agree to use what the Party Wall Act calls an ‘agreed surveyor’. This is one surveyor acting for both sides. It is usually the quickest and most cost-effective way of getting a party wall Award in place.

In all cases, surveyors appointed to negotiate and prepare an award or party wall agreement must behave impartially and consider the interests of both neighbours. They do not act as advocates for each side. 

The party wall award is a document which:

  • Sets out the work that will be carried out.
  • Says when and how the work is to be carried out.
  • Specifies any additional work required (e.g. to prevent damage to your property).

Contains a schedule of condition of the adjoining property, taken before the work begins so that any alleged damages can be properly attributed and made good.

Adjoining owner rights under the Party Wall etc. Act 1996

Adjoining property owners must be served with a party wall notice by the building owner if they plan to do any work (as described in the Act). 

As an adjoining owner, you have the legal right to be notified of work that will affect a party wall. When you receive a party wall notice and have concerns, you can insist on a party wall award. If you are not notified, the works may be progressing unlawfully, and you have the right to object.

Get party wall support for adjoining owners with Collier Stevens

Our party wall surveyors in Kent and party wall surveyors in Thanet can act as either an adjoining owner’s surveyor, or a building owner’s surveyor. 

We can help you help with:

  • Understanding what to do when you receive a party wall notice and responding correctly.
  • Preparing a party wall award where you have concerns about the proposed work.
  • Challenging a neighbour who has started work described in the Act without issuing a party wall notice to you. If you have not received a notice, the works may be progressing unlawfully, and we can advise you on the correct course of action. That may include stopping the work until the correct agreements are in place, or in some cases, seeking an injunction.

If you need help with party wall matters in London, Kent, Thanet and Folkestone, get in touch or fill out our contact form below.