Collier Stevens Chartered Surveyors, Party Wall Surveyors

New building on the boundary line between neighbouring
pieces of land (section 1 of the Act)

20) What does the act say if I want to build up against or astride the boundary line?
 

If you plan to build a party wall or party fence wall astride the boundary line, you must inform the adjoining owner by serving a notice - see paragraphs However, there is no right to build astride the boundary if your neighbour objects - see paragraph 22. You must also inform the adjoining owner if you plan to build a wall wholly on your own land but up against the boundary line.

The Act contains no enforcement procedures for failure to serve a notice. However, if you start work without having first given notice in the proper way, adjoining owners may seek to stop your work through a court injunction or seek other legal redress.

21) How long in advance do I have to serve the notice?
 

At least one month before the planned starting date for building the wall. The notice is only valid for a year, so do not serve it too long before you wish to start.

22) What happens after I serve notice about building astride the boundary line?
 

If the adjoining owner agrees, in writing, within 14 days to the building of a new wall astride the boundary line, the work (as agreed) may go ahead. The expense of building the wall may be shared between the owners, where the benefits and use of that wall will be shared.

If the adjoining owner does not respond, or objects to the proposed new wall astride the boundary line, you must build the wall wholly on your own land, and wholly at your own expense. However, you have a right to place footings for the new wall under your neighbour’s land, subject to compensation - see paragraph 23. There is no right to place reinforced concrete on your neighbour’s land without their express consent.

23) What happens after I serve notice about building up against the boundary line?
 

You may start work one month after your notice was served. This work may include footings and foundations that extend under the adjoining owner’s land.

The wall will be built wholly at your own expense and you will be expected to compensate any adjoining owner for any damage to his property caused by the building of the wall, or the placing of footings and foundations.

24) What happens if there is a disagreement with my neighbour?
 

If there is a disagreement about any work of the kinds covered in paragraphs 22 and 23, including compensation, the dispute can be settled under the procedure described in paragraphs  11 to 17.

25) What about access to neighbouring property?
 

Under the Act, an adjoining occupier must, when necessary, let in your workmen, your own surveyor or architect etc., and any surveyors appointed as part of the dispute resolution procedure. You must give the adjoining owner and occupier notice of your intention to exercise these rights of entry. The Act says that 14 days’ notice must usually be given.

It is an offence, which can be prosecuted in the magistrates’ court, to refuse entry to or obstruct someone who is entitled to enter premises under the Act, if the offender knows that the person is entitled to be there.

If the adjoining property is empty, your workmen and your own surveyor or architect etc. may enter the premises if they are accompanied by a police officer.