If your neighbour is planning works that involve a shared wall, a boundary line, or any nearby excavation, they’re legally required to notify you under the Party Wall etc. Act 1996.
As an Adjoining Owner, you have specific rights and protections under the law — and it’s essential you understand them before agreeing to anything.
Your Rights as the Adjoining Owner
When your neighbour (the Building Owner) proposes notifiable work, you have the right to:
- Receive a formal Party Wall Notice
- Appoint your own Surveyor to act solely in your interests
- Agree to use your neighbour’s Surveyor as the Agreed Surveyor (only if you’re comfortable)
- Request a Party Wall Award — a legally binding document detailing how works will be carried out
- Avoid unnecessary disruption to your property
- Be compensated for any damage or loss arising from the works
- Request security for expenses before works begin, to protect yourself in case the project is abandoned mid-way
I’ve Received a Party Wall Notice – What Next?
A Party Wall Notice is a formal declaration that your neighbour intends to carry out work falling under the Party Wall etc. Act. You now have three options:
- Consent to the works (with or without a Schedule of Condition)
- Appoint the same Surveyor as your neighbour (Agreed Surveyor)
- Appoint your own independent Surveyor to protect your interests
🔍 Important: Appointing your own Surveyor often results in more rigorous checks on the design, method statements, and structural impact of the proposed works — giving you peace of mind and greater control.
My Neighbour Has Started Works But I Haven’t Received a Notice
If your neighbour begins notifiable construction without issuing a Party Wall Notice, they are breaching their legal duty under the Party Wall etc. Act 1996.
Although we, as Surveyors, cannot enforce the law directly, we can:
- Issue formal letters to the Building Owner to highlight their non-compliance
- Advise you on how to seek an injunction to stop the works until a Party Wall Award is agreed
- Represent your interests through the legal process and help minimise any disruption or damage to your property
Want to Appoint Your Own Surveyor? Here’s What We Do
If you choose to appoint us as your independent Surveyor, we will:
- Carefully review your neighbour’s plans and construction methods
- Identify any missing or unclear information — such as method statements and structural details
- Request further documentation where necessary
- Ensure your property is protected through robust Party Wall Awards
- Monitor works as required to ensure compliance
Our goal is to ensure your home and interests are fully safeguarded.
Do I Have to Pay for the Surveyor’s Fees?
In almost all cases, the Building Owner pays the Surveyor’s fees — including for the Adjoining Owner’s Surveyor.
However, there are rare scenarios where costs might be shared, such as:
- If the works are for the mutual benefit of both parties
- If repairs are due to the Adjoining Owner’s actions or shared responsibility
- If a new Party Wall is built and benefits both properties
Still unsure? We’ll clarify your situation in plain terms and confirm whether you’re liable for any fees.
Protect Your Property. Protect Your Rights.
Whether you’ve received a Party Wall Notice or your neighbour has already started works without notifying you, we’re here to help you navigate the process confidently and legally.
📩 Email our team today at team@simplesurvey.co.uk