Adjoining Owners

Identifying 'Adjoining Owners'

Under the Act, an 'Adjoining Owner' is anyone who is an owner of land, buildings or rooms adjoining those of the 'Building Owner'.

When undertaking excavations under Section 6, a property is deemed to be adjoining if it is within the relevant distance (3m or 6m) even if it is not actually adjoining.

The adjoining property may have a freehold owner, a long leasehold owner and a tenant at the same time. Depending on their lease terms you may need to serve more than one notice. This situation can be complicated and you should take professional advice.

I Have Received A Notice

If you have received a Notice you should reply in writing within 14 days of receiving it. You may:-

Consent to the Notice. Work may commence after consent, surveyors do not need to be appointed and an Award is not produced.
Dissent to the Notice. If you cannot resolve the matter between you a surveyor or surveyors must be appointed.

If you do not respond to a Section 1 Notice about an intended new wall built up to (but not astride) the line of junction, the work can commence after the one month notice period.

If you do not respond, in writing, within 14 days to a notice about an intended new wall built astride the line of junction, the Building Owner must build the wall entirely on his own land and the work can commence after the one month notice period.

If you do not respond to a Notice to an existing Party Wall (Section 2, served under Section 3), or a Notice about excavations (Section 6) within a period of 14 days, a dispute is deemed to have arisen and a surveyor or surveyors must be appointed.