Adjoining Owner Party Wall Rights

If your neighbour is planning building works that fall under the Party Wall etc. Act 1996, you may be considered the adjoining owner. The Act gives adjoining owners important rights designed to protect their property while allowing lawful construction work to proceed.

This guide explains the rights of adjoining owners and how the party wall process helps ensure fair treatment. Bloomsbury Surveyors advises adjoining owners across Brighton, Hove and Sussex on how to protect their interests professionally.

If you would like a general overview first, visit our Party Wall Act Explained page.

Who Is an Adjoining Owner?

An adjoining owner is usually the owner of a property next to the building where works are proposed. This may include freeholders, leaseholders and in some cases long-term tenants depending on their legal interest in the property.

If works could affect your wall, structure or foundations, you may have rights under the Act.

Your Main Rights Under the Party Wall Act

The Party Wall Act is designed to protect adjoining owners as well as building owners. If you receive a party wall notice, you have several important rights.

These include:

The right to receive formal notice of relevant works
The right to review the proposed works
The right to consent or dissent
The right to appoint a surveyor
The right to have your property protected
The right to have damage properly addressed

Understanding these rights can help you respond confidently and appropriately.

Your Right to Receive Proper Notice

If works fall within the Act, the building owner must serve a formal notice before starting construction. This gives you time to understand the proposal and decide how to respond.

You can read more on our Party Wall Notice Guide page.

Your Right to Consent or Dissent

After receiving a notice, you normally have three choices:

Consent to the works
Dissent and appoint a surveyor
Do nothing, which is treated as dissent after the statutory period

Dissenting does not mean you are stopping the works. It simply means surveyors will now regulate the process to protect both parties.

Your Right to Appoint a Surveyor

If you dissent, you have the right to appoint your own party wall surveyor. The building owner usually pays the reasonable surveyor costs because they are proposing the works.

Alternatively, both parties may agree to appoint one agreed surveyor.

Learn more on our Party Wall Surveyor Brighton page.

Your Right to Property Protection

One of the most important rights is the protection of your property. Surveyors will usually arrange a schedule of condition before works begin. This records the visible condition of your property.

This helps establish whether any later damage is related to the works.

You can read more on our Party Wall Awards Brighton page.

Your Rights If Damage Occurs

If damage occurs as a result of the works, the Act provides a framework for resolving the matter. Surveyors can inspect the property and determine whether the damage is related to the construction works.

If it is, the building owner is usually responsible for making good the damage or providing compensation.

Further guidance is available on our Party Wall Damage Claims page.

Your Right to Fair Surveyor Decisions

Party wall surveyors are required to act impartially under the Act. Their duty is to the legislation rather than the person who appointed them.

This helps ensure decisions are based on professional judgement rather than personal interest.

You can read more on our Role of Party Wall Surveyor page.

What If You Are Concerned About the Works?

If you are concerned about structural risk, vibration, access or possible damage, you should raise these concerns early. The surveyor process exists to deal with these matters in a structured way.

In some cases, additional safeguards may be included in the Party Wall Award to address specific concerns.

What If Work Starts Without Notice?

If your neighbour starts work without serving a required notice, you should seek advice promptly. The Act provides legal protections, but these are easier to apply if addressed early.

Read more on our Starting Work Without Party Wall Notice page.

Common Concerns From Adjoining Owners

Adjoining owners often have understandable concerns about construction works next door.

These commonly include:

Risk of cracking or structural movement
Noise and disruption
Access arrangements
Contractor behaviour
Protection of finishes and decorations

The party wall process helps address these concerns in a structured and professional way.

Why Professional Advice Helps Adjoining Owners

Professional advice helps adjoining owners understand their rights and respond appropriately to notices.

Professional support can help:

Review notices properly
Explain your rights clearly
Ensure your property is protected
Provide independent professional representation
Reduce the risk of unnecessary disputes

How Bloomsbury Surveyors Can Help

Bloomsbury Surveyors advises adjoining owners across Brighton, Hove and Sussex. We provide professional guidance on notices, awards, property protection and dispute resolution.

Our aim is to ensure adjoining owners understand their rights and feel confident the process is being handled properly.

Related Party Wall Pages

Frequently Asked Questions

Can I refuse my neighbour’s building works?

You can dissent to the notice, which triggers the surveyor process, but you cannot normally prevent lawful works covered by the Act.

Do I have to pay for my surveyor?

In most cases, the building owner pays reasonable surveyor costs.

What if I am worried about damage?

A schedule of condition and Party Wall Award help provide protection and a process for resolving any issues.

What if I ignore the notice?

If no response is given, a dispute is deemed to have arisen and surveyors can be appointed.

Do you act for adjoining owners in Brighton?

Yes, we advise adjoining owners throughout Brighton, Hove and Sussex.

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