If your neighbour is planning building works that affect a shared wall, a boundary wall or involve
excavation close to your home, you may be an adjoining owner under the Party Wall etc. Act 1996.
In London, where terraces, semis and converted flats often share structures, understanding your
status is important because it determines whether you must be served a formal notice and what
rights you can use to protect your property.
Quick answer
An adjoining owner is any owner of land, buildings or rooms that adjoin (or are treated as adjoining
for certain excavations) the building owner’s property. This can include freeholders and many
long-leaseholders, and it may include more than one owner for the same neighbouring property.
Who counts as an adjoining owner?
You are typically an adjoining owner if you have a legal interest in the neighbouring property that
could be affected by notifiable works. In practice, adjoining owners commonly include:
• Freeholders of the adjoining property.
• Leaseholders with a lease of more than 12 months (for example, a flat leaseholder).
• Landlords or others entitled to receive rents or profits from the adjoining land.
• Where there are joint owners, all joint owners are adjoining owners and should be served notice.
• Local authorities or housing associations where they own the adjoining land or building.
For excavation notices, a property can be treated as adjoining even if it does not physically share a
boundary, where it falls within the relevant distance and depth rules for adjacent excavation.
When should an adjoining owner receive a notice?
You should receive a written Party Wall Notice before your neighbour starts certain works,
including:
• Works to an existing party wall or party structure (for example: cutting in beams, removing a
chimney breast, raising or underpinning the wall).
• Building a new wall at or on the line of junction (the boundary).
• Excavations close to your building that are deeper than your foundations (commonly for
extensions and basements).
Typical statutory notice periods are two months for many party structure works, and one month for a
new wall at the boundary or adjacent excavation. The notice should describe the proposed works
and the intended start date. In London, it is sensible to expect drawings or method notes for anything
structural or below ground.
Your options after receiving a Party Wall Notice
Once you receive a Party Wall Notice you normally have 14 days to respond. Your main options
are:
• Consent in writing. If you are comfortable with the proposals, you can consent. A schedule of
condition is still often recommended to record the condition of your property before works start.
• Dissent and appoint a surveyor. If you do not consent, a dispute is deemed to arise and surveyors
are appointed under the Act to agree the terms for the works.
• Agree to one surveyor (an agreed surveyor). In some cases both owners may agree on a single
impartial surveyor rather than each appointing their own.
You may also be able to serve a counter-notice within one month of receiving a party structure
notice, requesting specific additional works for your benefit (within the limits set by the Act). This
is less common, but it can be relevant where additional works are needed to protect your property or
complete shared details properly.
Your key rights as an adjoining owner
The Act is designed to allow development while protecting neighbours. As an adjoining owner you
have important protections, including the right to:
• Require the dispute-resolution procedure to be followed if you do not consent.
• Appoint a surveyor to act on your behalf, paid for in most cases by the building owner (because
the works are for their benefit).
• Have a Schedule of Condition prepared to record the condition of your property before works
start.
• Have reasonable protective measures included in the Party Wall Award (for example: working
hours, temporary supports, dust protection, vibration monitoring, waterproofing, or making good
finishes).
• Be compensated for loss or damage caused by the notifiable works.
• Request security for expenses in appropriate cases, so funds are set aside to protect you if the
works are abandoned or cause foreseeable loss.
What happens if you ignore the notice?
If you do not respond within 14 days, the law treats this as a dissent for many notices. Your
neighbour may then issue a further request giving you 10 days to appoint a surveyor. If you still do
not respond, the building owner can appoint a surveyor on your behalf so the process can move
forward. Ignoring notices rarely stops works – it usually removes your chance to choose your own
surveyor early on.
Access to your property
The Act can give the building owner rights of access onto your land where access is necessary for
the notifiable works, but access must be reasonable and is often controlled by the Award. In
practice, the Award may specify notice periods, protection of surfaces, reinstatement, and working
hours.
Practical steps for London homeowners
• Read the notice carefully and check whether the works described match what you have been told
informally.
• Ask for drawings, structural details and a programme if anything is unclear.
• Consider whether a schedule of condition is needed before you consent.
• If you have concerns (for example about basements, underpinning, movement or damp risk),
speak to a party wall surveyor in London before responding.
• Respond in writing within the deadline, even if your response is simply to ask for more
information.
Conclusion
An adjoining owner is not just ‘the neighbour next door’. Under the Party Wall Act it can include
freeholders, long-leaseholders and other owners with a relevant interest, and it can extend to nearby
properties for certain excavations. If you have been served a notice, take it seriously: respond on
time, document the condition of your property, and use the Act’s surveyor-led process where needed
to ensure the works proceed with proper safeguards.
This article covers one part of the Party Wall etc. Act 1996. For the full picture, including notices, awards, timescales and disputes, read The Party Wall Act Explained: A Complete Guide for London Homeowners.
“Every property tells a story. My job is to read it accurately and explain what it means for you, in plain English.”
Talk to a chartered surveyor.
Whether you are undertaking works or have been served notice, a short call is usually enough to set the right next step. Same working day, no charge, no obligation.