Building Owner Party Wall Responsibilities

If you are planning building works that fall under the Party Wall etc. Act 1996, you will be considered the building owner under the legislation. This brings certain legal responsibilities which must be followed before work begins.

This guide explains the responsibilities of building owners and how following the correct process helps reduce disputes and delays. Bloomsbury Surveyors provides professional party wall advice to building owners across Brighton, Hove and Sussex.

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

Who Is the Building Owner?

Under the Act, the building owner is the person or organisation proposing to carry out the works. This may be a homeowner, developer, landlord or commercial property owner.

If you are commissioning construction works affecting a party wall or neighbouring structure, you are likely to be the building owner under the legislation.

Main Responsibilities of a Building Owner

The Party Wall Act gives building owners rights to carry out certain works, but these rights come with responsibilities. Following the correct process is essential.

Key responsibilities include:

Identifying whether the Act applies
Serving the correct party wall notices
Allowing time for responses
Appointing a surveyor if required
Following the Party Wall Award
Avoiding unnecessary risk to neighbouring property

Early advice often helps building owners meet these obligations efficiently.

Serving Party Wall Notices

One of the main responsibilities of a building owner is serving the correct notices before starting work. Notices must contain sufficient information about the proposed works and be served within the correct timeframes.

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

Allowing the Statutory Notice Period

After serving notice, building owners must allow the required notice period to pass. Work should not normally begin until this period has expired and any dispute procedures have been completed.

Starting work too early can increase the risk of disputes and project delays.

Appointing a Party Wall Surveyor

If the adjoining owner dissents to the notice, surveyors must be appointed. The building owner may appoint their own surveyor or agree on a single surveyor with the adjoining owner.

Surveyors will then prepare a Party Wall Award regulating the works.

Further guidance is available on our Party Wall Surveyor Brighton page.

Paying Reasonable Surveyor Costs

In most cases, the building owner is responsible for paying reasonable surveyor costs associated with the process. This reflects the fact that the building owner is benefiting from the proposed works.

The exact position can vary depending on circumstances, but this is the typical arrangement under the Act.

Following the Party Wall Award

If a Party Wall Award is produced, the building owner must follow its provisions. This may include working hours, access arrangements, protection measures and procedures for dealing with potential damage.

You can learn more on our Party Wall Award Explained page.

Protecting Adjoining Property

Building owners must take reasonable steps to avoid unnecessary risk to neighbouring property. This includes ensuring contractors follow good practice and comply with any requirements set out in the Party Wall Award.

Schedules of condition and agreed working methods are important parts of this process.

Access Rights and Responsibilities

The Act may grant rights of access to neighbouring property where necessary to carry out certain works. However, these rights must be exercised properly and in accordance with the procedures set out in the legislation and any award.

This usually involves giving proper notice and ensuring access is only used where genuinely necessary.

What Happens If Damage Occurs?

If damage occurs as a result of the works, the building owner may be responsible for making good the damage or paying compensation. Surveyors usually determine how this should be handled based on the Party Wall Award and the schedule of condition.

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

Common Mistakes Building Owners Should Avoid

Some common mistakes can make the process more difficult than it needs to be.

These include:

Starting work before serving notice
Serving incomplete notices
Not allowing enough time for the process
Ignoring surveyor advice
Failing to communicate with neighbours

A structured and professional approach usually helps avoid these issues.

Why Early Advice Helps Building Owners

Seeking advice early in the planning stage often helps building owners understand their responsibilities and avoid unnecessary complications.

Professional advice helps to:

Confirm whether the Act applies
Ensure correct notices are served
Reduce neighbour disputes
Keep projects on programme
Provide legal clarity

How Bloomsbury Surveyors Can Help

Bloomsbury Surveyors advises building owners throughout Brighton, Hove and Sussex on their responsibilities under the Party Wall Act. We assist with notices, awards, schedules of condition and dispute resolution.

Our aim is to provide practical, professional guidance that helps projects proceed smoothly while protecting neighbouring property.

Related Party Wall Pages

Frequently Asked Questions

Do I always need to serve a party wall notice?

No. It depends on whether the works fall within the Act.

Do I have to pay the surveyor fees?

In most cases, yes, as the building owner benefits from the works.

Can I start work after serving notice?

You must normally wait until the notice period has passed and any dispute process is completed.

What if my neighbour refuses access?

Access rights may be set out in the Party Wall Award where necessary.

Do you advise building owners in Brighton and Hove?

Yes, we assist building owners throughout Brighton, Hove and Sussex.

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