An Adjoining Owner is anyone who owns property neighbouring a Building Owner planning works covered by the Party Wall etc. Act 1996. This includes not only freeholders but also leaseholders with a tenancy exceeding 12 months.
Notices and Responses
As an Adjoining Owner, you may receive one of the following notices:
- Party Structure Notice (Section 2) – for works to a shared wall
- Adjacent Excavation Notice (Section 6) – for works involving excavation near your foundations
- Line of Junction Notice (Section 1) – for new walls built on or across the boundary
For Party Structure and Adjacent Excavation Notices, a response is required within 14 days. Failure to respond is legally treated as a dispute (“deemed dispute”). For a Line of Junction Notice, no response is required, and a dispute does not automatically arise.
Your Options as an Adjoining Owner
- Consent → You allow the works to proceed once the notice period has elapsed (one month for new walls/excavations, two months for party wall works).
- Dissent (or no response) → A dispute arises, requiring the appointment of surveyors under the Act.
If a Dispute Arises
When a dispute occurs, surveyors must be appointed. Options include:
- A single Agreed Surveyor representing both parties
- Each party appointing their own surveyor, with the option to involve a Third Surveyor if disagreements persist
Surveyors then prepare a Party Wall Award, a legally binding document that:
- Confirms whether the Building Owner’s proposed works can proceed
- Specifies how and when the works should be carried out
- Determines how surveyors’ fees will be allocated
Adjoining Owners have the right to appeal an Award in the County Court within 14 days of receipt. Additional Awards may be necessary if disputes arise regarding damage or compensation after works begin.
Expert Advice for Adjoining Owners
If you’ve received a party wall notice, Simple Survey can help you understand your rights, safeguard your property, and navigate the process with minimal stress. As one of the most cost-effective Party Wall surveyors in the UK, we provide clear, impartial guidance every step of the way.
FAQs
Who is legally considered an Adjoining Owner under the Party Wall Act?
Any freeholder or leaseholder (with a lease over 12 months) whose property neighbours the building works qualifies as an Adjoining Owner.
What happens if I don’t respond to a Party Wall Notice?
For Section 2 and Section 6 notices, failing to respond within 14 days triggers a “deemed dispute,” requiring surveyor involvement.
Do Adjoining Owners have to pay for surveyor fees?
In most cases, the Building Owner pays, though surveyors may allocate costs differently depending on circumstances.
Can I choose my own surveyor if I dissent?
Yes, you may appoint your own surveyor or agree to use a single jointly appointed Agreed Surveyor.
How long do I have to appeal a Party Wall Award?
You have 14 days from receiving the Award to lodge an appeal in the County Court.
📩 Contact us for free, no-obligation advice: team@simplesurvey.co.uk