You may assume your neighbour can’t build directly on or near your shared boundary—but under the Party Wall etc. Act 1996, they might be able to, provided they follow the correct procedures. If your neighbour is considering such work, it’s important that you understand your rights and stay informed to minimise disruption or potential impact on your property.
What Rights Does My Neighbour Have?
Under the Party Wall Act, your neighbour has certain rights to carry out work near or on the boundary line between your properties. Specifically:
- They can build up to the boundary line.
- They may also build astride the boundary—straddling both properties—but only if you give written consent.
Permitted Works Under the Act
With the proper notice, your neighbour may carry out the following:
- Underpin, thicken or raise a party wall or boundary wall.
- Repair, make good, demolish, and rebuild a boundary wall where necessary.
- Rebuild a party structure that is structurally insufficient for their proposed works.
- Cut into a party wall (e.g., to insert a damp-proof course or install beams).
- Cut away projections or footings to build, raise, or underpin a wall.
- Remove overhanging parts of their building or wall that encroach on your land, to allow vertical construction.
- Raise or rebuild a boundary wall to accommodate new works.
It’s important to note: your neighbour cannot begin any of this work without serving written notice.
Notice Requirements
Before starting works covered under the Act, your neighbour must:
- Serve a written Party Wall Notice at least 2 months before works begin.
- Detail the exact nature of the works, along with their start date.
- Serve notice on all affected adjoining owners, not just one.
If you disagree with the proposed work, you can dissent. This triggers the appointment of one or more Party Wall Surveyors, who will issue a Party Wall Award that governs how the works must proceed to protect both parties.
What If They’re Building on Their Own Land, Just Next to the Boundary?
If your neighbour plans to build wholly on their land but up to the boundary line, they must still notify you at least one month in advance. However, in this case:
- You cannot prevent the works from taking place.
- Your neighbour may begin work one month after serving notice.
Curiously, if they move the proposed structure even slightly away from the boundary line, they may not be required to notify you at all—assuming it falls outside the scope of the Act.
What Happens If They Want to Build Astride the Boundary?
If your neighbour proposes to build astride the boundary (i.e., partly on your land and partly on theirs), they must obtain your explicit written consent. You have 14 days from receiving the notice to respond.
- If you agree in writing, the works can go ahead.
- If you object or fail to respond, your neighbour must build entirely on their own land, at their own expense.
Can My Neighbour Use the Boundary Wall in Their Extension?
If the wall is a party wall (i.e., it straddles the boundary), your neighbour is generally entitled to enclose upon it as part of their extension, provided they serve the appropriate Party Wall Notice and possibly a notice for adjacent excavation as well.
If, however, the wall is wholly on your land, the Act does not give them the right to use it—regardless of the purpose. Likewise, if you’re planning an extension, you may build up to the boundary but not on your neighbour’s land.
What Are Your Neighbour’s Obligations?
Your neighbour must:
- Serve notice as required under the Act.
- Take reasonable care to prevent unnecessary inconvenience or damage during the works.
- Pay all costs associated with the works.
- Compensate you for any damage caused.
- Ensure works begin within 12 months of serving notice and follow the agreed terms.
If access to your property is needed for the work, you are expected to allow reasonable access, as long as it’s arranged in accordance with the Act and the agreed Award.
Final Thoughts
Understanding the Party Wall Act is crucial whether you’re carrying out work—or your neighbour is. While your neighbour has rights under the Act, so do you. Being aware of these rights and obligations will help you avoid disputes, protect your property, and ensure that any construction proceeds in a fair and legally compliant manner.