Building Owner vs Adjoining Owner Guide - Party Wall Act 1996 (2026)

The building owner is the person who owns the property where the building work is proposed, is responsible for serving the party wall notice, and initiates the statutory process under the Act.

The building owner may be a homeowner planning an extension, loft conversion, or basement; a developer or landlord carrying out work to a property; or a freeholder or leaseholder (if the lease permits structural work).

The building owner is NOT always the person paying for the building work. If a tenant arranges building work, the relevant party under the Act is the freeholder or leaseholder who owns the property interest in the party wall.

• Owns the property where the building work is proposed
• Is responsible for serving the party wall notice
• Initiates the statutory process under the Act
• May be a homeowner, developer, landlord, freeholder, or qualifying leaseholder

The adjoining owner is any person who owns a property that is adjacent to the building owner's property and shares a party wall, party fence wall, or party structure, OR owns a property within 3 or 6 metres of the proposed excavation (depending on depth).

There may be multiple adjoining owners for a single project, including both neighbours of a mid-terrace house, the neighbour on the party wall side of a semi-detached house, and owners of properties behind, in front of, or diagonally adjacent (for Section 6 excavation notices).

Tenants and leaseholders can also be adjoining owners if they have a lease with more than one year remaining.

• Owns an adjacent property sharing a party wall, party fence wall, or party structure
• Or owns a property within 3 or 6 metres of a proposed excavation
• Can include multiple neighbours for a single project
• Tenants and leaseholders with more than one year remaining can qualify

The Act allocates distinct duties and protections to each party. The building owner serves the notice, pays the costs, and bears liability for damage, while the adjoining owner has rights to respond, appoint a surveyor at the building owner's expense, and claim for damage.

• Serving notice: building owner must serve a valid party wall notice before starting notifiable work; adjoining owner does not need to serve a notice unless also doing work
• Responding to notice: adjoining owner must respond within 14 days with consent, dissent, or counter-notice
• Appointing a surveyor: both parties may appoint their own surveyor or agree to an agreed surveyor
• Paying surveyor costs: building owner pays all reasonable surveyor costs, including the adjoining owner's surveyor
• Access: building owner has a right of access to the adjoining property with reasonable notice; adjoining owner must provide reasonable access
• Damage: building owner must make good any damage caused by the works; adjoining owner can claim by comparison against the schedule of condition
• Schedule of condition: paid for by the building owner and benefits the adjoining owner as evidence protection
• Counter-notice: adjoining owner can require additional party wall works at the building owner's expense
• Working hours: set in the award and must be complied with by the building owner
• Insurance: building owner should maintain adequate insurance; the award may require evidence
• Appeal: either party can appeal the award to the county court within 14 days

The building owner carries the main statutory burden under the Act, from serving notices to paying for the process and complying with the resulting award.

• Serve the correct notice at the correct time: Section 1 (new wall on or at the boundary, at least 1 month before work starts), Section 2 (work to an existing party wall, at least 2 months before), Section 6 (excavation near a neighbouring building, at least 1 month before)
• Pay for the process, including their own surveyor's fees, the adjoining owner's surveyor's fees if separate surveyors are appointed, the schedule of condition, and making good any damage caused by the works
• Comply with the award once it is served, including working hours, access arrangements, protective measures, and making good obligations
• Do not start notifiable work before the notice period expires and, if a dispute arises, before the award is served

The adjoining owner has a strong package of statutory rights designed to protect their property and ensure fairness in the process.

• Right to be notified: the building owner must serve a valid party wall notice, and if work starts without notice the adjoining owner can seek an injunction from the county court
• Right to consent, dissent, or counter-notice: the adjoining owner is not required to consent, and dissenting triggers the surveyor process
• Right to appoint their own surveyor, paid for by the building owner, who acts in their interest while remaining impartial under the Act
• Right to a schedule of condition: a photographic and written record of the property's state before work begins
• Right to claim for damage: the building owner must make good or compensate damage caused by the works
• Right to serve a counter-notice requesting additional party wall works (e.g., damp-proof course, sound insulation) at the building owner's expense for reasonable items
• Right to appeal the award to the county court within 14 days

Although the adjoining owner has fewer obligations than the building owner, certain duties still apply to keep the statutory process moving.

• Respond to the notice within 14 days, otherwise a dispute is deemed to exist and the surveyor process begins automatically
• Appoint a surveyor promptly if a dispute arises; failure to appoint within 10 days of being requested allows the building owner's surveyor to appoint one on their behalf
• Provide reasonable access for inspections (schedule of condition) and for the execution of works as specified in the award
• Do not obstruct the building owner's lawful works once a valid award is in place

Many homeowners approach the Party Wall Act with assumptions that do not match the statute. The misconceptions below are among the most frequent.

• "My neighbour can't do anything without my permission" - the Act provides a framework for work to proceed via the surveyor and award process even without consent
• "I can block the extension by dissenting" - dissenting triggers the dispute process; it does not stop the work
• "I have to pay for a surveyor" - the building owner pays for the adjoining owner's surveyor in most cases
• "The schedule of condition is optional" - it is a standard part of the award and protects both parties
• "I can ignore the notice" - ignoring it means a dispute is deemed and the process proceeds, and you lose the chance to consent on simple terms
• "The building owner can start work before the notice period ends" - starting notifiable work without a valid notice (or before the period expires) is a breach of the Act

If both neighbours are simultaneously carrying out work that affects the same party wall, each is both a building owner (for their own work) and an adjoining owner (for the neighbour's work). Separate notices must be served by each party, and separate awards may be needed, though a single agreed surveyor can often handle both matters efficiently.