Adjoining Owner Party Wall Information
Hourican Associates Ltd |
I’m an Adjoining Owner — what should I do if I receive a Party Wall Notice? If your neighbour plans works that fall under the Party Wall etc. Act 1996, you’ll want clarity on how the works are controlled, what protections apply, and how damage (if any) is dealt with.
At a glance: how to protect your property
- Understand the works: ask for drawings / method details if you don’t have them.
- Choose your route: consent, dissent with your own surveyor, or use an Agreed Surveyor.
- Insist on evidence: a Schedule of Condition is one of the best protections.
- Get safeguards in writing: a Party Wall Award can set working hours, access rules, vibration/dust controls and damage procedures.
Received a notice?
Many adjoining owners only become aware of proposed works when a notice arrives. If you’ve received a notice relating to a London project (loft conversion, rear extension, basement works, chimney works, excavations), it’s worth taking advice early—especially where the works are complex or higher risk.
What are your options when you receive a Party Wall Notice?
Adjoining owners typically have three practical routes:
- (1) Consent in writing to the works as described. Even if you consent, it is usually sensible to request a Schedule of Condition so there is a clear record of your property’s condition.
- (2) Dissent and appoint your own surveyor to check the proposals, agree safeguards and resolve matters through a Party Wall Award. See: Adjoining Owner Surveyor Services.
- (3) Dissent and agree to one “Agreed Surveyor” acting impartially for both owners (often suitable for straightforward, lower-risk works). Learn more: Agreed Surveyor role.
What happens if you don’t respond within 14 days?
For many common notices (notifiable works to existing party walls/structures and notifiable excavations), if you do not give written consent within 14 days, the statutory procedure treats a dispute as having arisen and surveyor(s) are appointed to agree an Award. If you do not appoint a surveyor after being requested, a surveyor can be appointed on your behalf under the Act’s procedure.
What is a Party Wall Award?
A Party Wall Award is a legally binding document that sets out the parties involved, the notifiable works, and the safeguards agreed to ensure those works are undertaken with minimal risk and without unnecessary inconvenience.
Examples of issues commonly addressed in an Award
- Working hours and site conduct expectations
- Control of dust and excessive noise
- Measures to limit vibration (and monitoring where appropriate)
- Access arrangements to the adjoining owner’s land (where lawful and necessary)
- Security / protections for higher-risk works (commonly relevant to basements/underpinning)
- Damage procedures — how damage is assessed and made good (or compensated)
Schedule of Condition & post-works inspection
A Party Wall Award will typically include a Schedule of Condition covering the parts of your property considered to be at risk, plus relevant drawings and construction details. At the end of the works, the surveyor acting for the adjoining owner will usually re-inspect and check against the Schedule of Condition to confirm whether damage has occurred.
If you want this protection even where you consent, see: Schedule of Condition Surveys.
What Party Wall surveyors can’t do (planning & design issues)
Party Wall surveyors do not control planning matters such as the size/appearance of an extension or loss of light. Those issues must be addressed through the planning process or other legal routes. Party Wall surveyors focus on the Party Wall procedure: safeguards, access, risk management, and damage procedures.
Who pays surveyor fees?
In most normal residential circumstances, the building owner (the party undertaking the works) usually pays the reasonable fees of both their own surveyor and the adjoining owner’s surveyor. This is commonly applied in practice because the works are for the building owner’s benefit. However, fee allocations can differ where works benefit both parties, or where an adjoining owner requests additional works.
Adjoining owners’ surveyors often record time spent and submit their fee to the building owner’s surveyor for agreement. If surveyors cannot agree what is reasonable, the Third Surveyor can be used within the statutory process to determine matters.
Should you choose your own surveyor or an Agreed Surveyor?
The Act allows one surveyor to act impartially for both owners (Agreed Surveyor). For higher-risk works—such as basement excavation and underpinning—many adjoining owners prefer appointing a surveyor they have chosen. For smaller, straightforward projects, an Agreed Surveyor can be a cost-effective route if both parties are comfortable.
Downloadable guides (PDFs)
- Our Party Wall Guidance for Clients & Consultants (PDF)
- RICS: Party Walls (PDF)
- RICS: Consumer guide to Party Walls (PDF)
- RICS: Boundary disputes (PDF)
- FPWS: Party Wall explanatory leaflet (PDF)
- Government explanatory booklet (PDF)
- The Party Wall etc. Act 1996 (PDF)
Frequently Asked Questions
Want to protect your property? We can help.
If you’ve received a notice and want advice on how to best protect your home, contact our London Party Wall team. We can explain your options clearly, recommend the most proportionate route, and—where needed—act as your Adjoining Owner’s surveyor.
Get Free Adjoining Owner Advice Request a Free QuoteThis page is general guidance and is not legal advice. The Party Wall etc. Act 1996 can be fact-sensitive and only a court can give an authoritative interpretation.
Richard Hourican, Company Director
BSc (Hons). HND Build. MCIOB. C.Build E MCABE. ARICS. MFPWS. MPTS
As a specialist Party Wall surveyor, Richard Hourican will protect your interests during building works.
Are you planning a building project – perhaps an extension, loft conversion or basement – that is on or adjacent to your property’s boundary line? Or has a ‘Party Wall’ notice dropped on the doormat informing you of a neighbour’s impending works?
It’s essential to understand all the implications of building plans. If you don’t, it could cost thousands. Our job is to ensure everything is done correctly – and that it doesn’t!
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