Understanding Your Rights as an Adjoining Owner: What to Do When Your Neighbour Starts Building
- support586757
- Aug 7
- 4 min read

In the tightly packed urban and suburban neighbourhoods of the UK, it’s common for homeowners to undertake building projects such as extensions, loft conversions, or basement excavations. While these improvements can benefit the homeowner, they may cause concern or even disputes for the neighbours next door.
If your neighbour has started (or is planning to start) construction that affects a shared wall or boundary, you are legally recognised as an “adjoining owner” under the Party Wall etc. Act 1996. This law grants you specific rights and protections, especially when the building work involves shared or close-proximity structures.
Understanding your rights, responsibilities, and the correct procedures can help prevent disputes, safeguard your property, and ensure the project proceeds lawfully and smoothly.
Who Is an Adjoining Owner?
As per the Party Wall etc. Act 1996, an adjoining owner is anyone who owns land, buildings, or premises that adjoin the property where work is proposed. This could be:
A shared party wall (like in terraced or semi-detached homes)
A boundary wall between two gardens
Excavation work close to your property foundations
If you rent or lease your home, you might not be the legal adjoining owner, but your landlord is. However, you should still stay informed, especially if the works impact your daily living or safety.
When Should You Be Notified?
If your neighbour intends to carry out any of the following, they are legally required to serve you a formal Party Wall Notice:
Building on or astride the boundary line
Work directly to an existing party wall or structure (e.g., raising, demolishing, cutting into it)
Excavating within 3 to 6 metres of your property (depending on depth and type of foundations)
The notice must be issued at least 1 or 2 months before the intended work, depending on the type.
If they haven’t served notice and started work, you have the right to seek an injunction to stop construction until proper procedures are followed.
What Are Your Rights as an Adjoining Owner?
Once you receive a Party Wall Notice, you have three options:
1. Consent to the Work
If you’re comfortable with the proposed work, you can consent in writing. No further action is needed, but it’s advisable to ask for a Schedule of Condition a photographic and written record of your property’s current state. This protects you in case of damage later.
2. Dissent and Appoint a Party Wall Surveyor
If you have concerns or want formal protection, you can dissent and appoint your own Party Wall Surveyor. Your neighbour will also appoint one, or you can both agree on a single surveyor (Agreed Surveyor). The surveyor(s) will prepare a Party Wall Award, a legally binding document that outlines:
The nature and timing of the work
Access rights
Protective measures
Who pays for what (typically the building owner)
3. Do Nothing (Deemed Dispute)
If you don’t respond within 14 days, the law assumes you’ve dissented, and a dispute is deemed to have arisen. A surveyor will be appointed for you, and the process will proceed as above.
What Happens During Construction?
Even after the Party Wall Award is agreed, as an adjoining owner, you are entitled to:
Advance notice of access: The builder can only enter your land or property with proper notice and for work related to the Award.
Protection of your property: The Party Wall Award may include provisions like vibration monitoring, dust control, or temporary supports.
Timely updates: The building owner or their contractor should keep you informed of major milestones, changes, or delays.
If the construction causes damage to your property, the surveyors may determine liability and recommend repairs or compensation.
What If Damage Occurs?
Despite precautions, there’s always a chance of cracks, leaks, or structural damage arising from the building work. If this happens:
Document the damage with dated photos.
Notify the building owner and Party Wall Surveyor(s) in writing.
Request a follow-up inspection to compare the current state with the original Schedule of Condition.
The surveyor(s) will assess the situation and decide whether the builder is responsible. If so, they may order repairs or financial compensation at the building owner’s expense.
Can You Stop the Work?
If your neighbour did not serve a Party Wall Notice or has ignored the Party Wall Award, you may be entitled to:
Apply for an injunction: This is a legal order to halt construction until the correct process is followed.
Seek damages: If the work caused harm to your property, legal action may be an option.
However, going to court should be a last resort. Most disputes can be avoided or resolved by following the Party Wall Act and maintaining open communication.
Tips for Protecting Your Interests
Don’t ignore notices: Even if the work seems minor, reply in writing and keep a copy.
Hire your own surveyor if you're unsure. Their fees are usually covered by the building owner.
Keep detailed records: All correspondence, photos, and reports could be useful if disputes arise.
Visit the construction site periodically (with permission) to monitor any changes near your property.
When to Seek Legal Advice
While Party Wall Surveyors are trained to resolve disputes impartially, you may need legal advice if:
The work begins without notice or consent
You suffer damage that the surveyor refuses to acknowledge
There’s a serious boundary dispute
A property solicitor with experience in party wall matters can guide you on next steps and help enforce your rights.
As an adjoining owner, you are not powerless when your neighbour starts building. The Party Wall etc. Act 1996 exists to ensure that all parties involved in boundary or structural works are protected. Knowing your rights, responding promptly, and working with qualified surveyors will give you peace of mind and help avoid costly, time-consuming disputes.
Whether you choose to consent or dissent to the proposed work, make sure your decision is informed. Property alterations may benefit your neighbour, but with the right approach, they don’t have to come at your expense.
For more information you can call Express Party Wall Surveyor at 020 3633 0823 or contact us
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