What Neighbours Need to Know Before Building Work Starts
If your neighbour is planning building work near your property, you may receive a Party Wall Notice under the Party Wall etc. Act 1996. For many adjoining owners, this can feel confusing or even worrying—especially if you’re unsure what your rights are or how to respond.
These 2026 tips are designed to help adjoining owners make informed decisions, protect their position, and avoid unnecessary stress or conflict.
1. Don’t Ignore a Party Wall Notice
It’s tempting to put a notice to one side—especially if you’re busy or unsure what it means. However, doing nothing is rarely the best option.
If you don’t respond within 14 days:
- The law treats this as a dissent
- The process automatically becomes more formal
- Decisions may be made without your direct input
Always respond in writing, even if it’s simply to ask questions or request clarification.
2. Dissenting Is Not the Same as Objecting
Many adjoining owners worry that dissenting means they are stopping the works. This is not the case.
Dissenting simply means:
- You want the protections of the Act to apply
- You want the process handled formally
- You are not comfortable giving immediate consent
The works can still proceed lawfully once the correct process is followed.
3. You Have the Right to Independent Advice
You are entitled to appoint your own Party Wall Surveyor if you dissent. That surveyor:
- Represents your interests
- Reviews the proposals independently
- Ensures the Act is applied fairly
Importantly, the building owner normally pays your surveyor’s reasonable fees, not you.
4. Read the Notice Carefully — Details Matter
Before responding, check:
- The description of works
- The location of the works
- The proposed start date
If anything is unclear or appears incorrect, ask questions before responding. A poorly drafted notice can cause confusion and disputes later.
5. Keep Communication Calm and Professional
Even if you feel uneasy about the works, keeping communication polite and factual helps avoid escalation.
Good communication:
- Reduces misunderstandings
- Encourages cooperation
- Keeps matters out of court
You can protect your rights without damaging neighbourly relations.
6. Silence Doesn’t Protect You
Some adjoining owners assume that staying silent avoids responsibility. In reality, silence:
- Removes your ability to influence the process
- Pushes matters into a more rigid legal route
- Can increase time and complexity
Responding gives you control.
7. Don’t Assume the Builder or Architect Has It Covered
The Party Wall Act is the building owner’s responsibility, not the builder’s or architect’s. If something feels unclear or rushed, you are entitled to slow the process until it is dealt with properly.
You are not being difficult—you are exercising a legal right.
8. Timing Matters in 2026 Projects
With construction timelines tighter than ever in 2026, party wall matters are often time-sensitive.
Delays often happen because:
- Notices are served late
- Responses are delayed
- Disputes arise unexpectedly
Acting early gives you more options and less pressure.
9. You Cannot Be Forced to Consent
Consent must be voluntary. If you feel uncomfortable consenting immediately, you are entitled to:
- Dissent
- Seek advice
- Allow the formal process to run its course
There is no penalty for choosing the statutory route.
10. Know When to Get Professional Help
If you are unsure about:
- Your rights
- The proposed works
- How to respond
Speaking to a party wall professional early can prevent costly mistakes and unnecessary stress.
Final Thought
Being an adjoining owner does not mean being powerless. The Party Wall etc. Act 1996 exists to balance the rights of neighbours—not to favour one side.
In 2026, informed adjoining owners who respond early, communicate clearly, and understand their options are best placed to protect their property and peace of mind.
Need Advice as an Adjoining Owner?
Simple Survey provides clear, independent party wall guidance across England and Wales.
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