Adjoining Owner Rights: A Complete Guide to Handling Your Neighbour’s Building Work
When your neighbour begins construction, whether it’s an extension, a loft conversion, a new wall, or internal structural changes, you may suddenly find yourself dealing with noise, disruption, and uncertainty. More importantly, you might wonder: What are my rights? What am I entitled to? Who protects my property?
In the UK, the Party Wall etc. The Act 1996 provides clear rules to ensure neighbours’ properties are protected during building work. However, many adjoining owners (neighbours affected by the works) are unaware of the legal protections available to them.
This comprehensive guide explains your rights as an adjoining owner and outlines exactly what to do when your neighbour starts building near or on the boundary.
What Is an Adjoining Owner?
You are considered an adjoining owner if you own a property next to, above, or below another property where building work is happening. This includes:
- Semi-detached or terraced house neighbours
- Flat owners
- Freeholders and leaseholders
- Commercial property owners
If the work affects a shared wall, boundary, or nearby ground, you are legally protected under the Party Wall Act.
When Does the Party Wall Act Apply?
Your neighbour must follow the Act if they plan to carry out:
- Work on a party wall (shared wall between two properties)
- Excavation within 3–6 metres of your structure
- Building a new wall on or near the boundary
- Loft conversions involving cutting into the shared wall
- Extensions requiring deep foundations
- Basement construction
- Chimney breast removal on a shared wall
These works can affect your property’s stability, so the law requires your neighbour to formally notify you.
Your First Right: Receiving a Party Wall Notice
Before beginning construction, your neighbour must provide you with a written Party Wall Notice. This must arrive at least:
- 2 months before starting work on a party wall
- 1 month before excavation or boundary works
The notice must clearly describe the proposed work, including drawings and structural details.
If your neighbour starts building without issuing a notice, they are in breach of the law.
Your Right to Respond
When you receive the Party Wall Notice, you must reply in one of three ways:
1. Consent to the Works
You allow the work to proceed without appointing a surveyor.
Only advisable if the work is minor and low-risk.
2. Dissent and Appoint Your Own Surveyor
You hire an independent Party Wall Surveyor to protect your property.
3. Dissent and Agree to an Agreed Surveyor
Both you and your neighbour use a single surveyor.
Important:
Regardless of which option you choose, the building owner (your neighbour) must pay the surveyor’s fees, not you.
Your Right to a Schedule of Condition
Before work starts, you have the right to a Schedule of Condition, a detailed photographic and written record of your property’s current state.
This protects you by:
- Documenting all cracks, marks, and defects before the work
- Providing evidence if damage occurs later
- Preventing disputes
This report is essential when heavy construction or excavation is involved.
Your Right to a Party Wall Award
If you dissent, your surveyor will prepare a Party Wall Award, a legally binding document that:
- Specifies what work can be done
- Sets the construction timetable
- Outlines working hours
- Includes protective measures for your property
- Identifies access rights
- Sets out compensation and damage clauses
The Award gives you peace of mind that the construction will follow strict safety and professional guidelines.
Your Right to Protection Against Damage
If your property is damaged during the work, you are entitled to:
- Full repairs at the neighbour’s expense, OR
- Financial compensation based on surveyor assessment
This includes damage such as:
- Cracks in walls
- Movement in floors or ceilings
- Water ingress
- Damage to fencing, patios, or outbuildings
- Structural instability
The surveyor handles the damage claim so you don’t have to negotiate directly.
Your Right to Control Access
Your neighbour may request access to your land for construction purposes. You have the right to:
- Approve or deny access (depending on necessity)
- Require proper notice
- Expect respectful use of your property
- Demand reinstatement for any disruption
Access must be reasonable and justified, not for convenience.
Your Right to Safe and Reasonable Working Conditions
You are legally entitled to:
- Reasonable working hours
- Minimised noise and vibration
- Adequate safety precautions
- Proper site management
If builders violate these conditions, your surveyor can intervene.
What to Do If Your Neighbour Starts Building Without Notice
If your neighbour begins work without notifying you:
- Speak to them politely and request the required Party Wall Notice.
- If they refuse, contact a Party Wall Surveyor immediately.
- A surveyor can send a formal notice on your behalf.
- If the neighbour still ignores the law, the surveyor can issue a legal injunction to stop the work.
You are fully within your rights to halt the construction until proper procedures are followed.
What If You Rent Your Home?
Tenants also have protection, but the legal party wall rights belong to:
- The freeholder
- Long-lease leaseholders
If you rent, simply inform your landlord, they must respond to the notice.
How to Maintain a Good Relationship With Your Neighbour
While the law protects you, a respectful relationship makes the process smoother. Consider:
- Discussing the work informally before it starts
- Expressing concerns calmly
- Sharing contact details for quick communication
- Encouraging surveyors to handle technical matters
Most disputes arise from misunderstandings - not the work itself.
When to Hire a Party Wall Surveyor
You should appoint a surveyor if:
- The work involves structural changes
- Deep foundations or excavation are planned
- The staircase, chimney, or loft is affected
- Noise/vibration may cause damage
- Your neighbour is uncooperative
Professional guidance ensures your property remains protected every step of the way.
Final Thoughts
As an adjoining owner, you are not powerless when your neighbour starts building. The Party Wall Act legally protects your property, your peace of mind, and your rights.
With the ability to:
- Receive formal notice
- Appoint a surveyor
- Demand a Schedule of Condition
- Ensure safe construction standards
- Claim repairs or compensation
- Control access
- Stop unlawful work
You can confidently protect your home from potential damage or disruption.
When handled properly, party wall matters don’t have to lead to conflict. With clear communication, professional surveyors, and an understanding of your legal rights, you can ensure the process remains fair, safe, and neighbourly.
For more information call Adam Joseph Chartered Surveyors at 020 3875 9279 or email us.









