BOUNDARY WALLS Dispute

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Disputes over boundary walls can stall construction projects, strain neighbourly relationships, and lead to costly legal battles.

Whether you’re planning an extension, building a fence, or carrying out renovations that affect a shared wall, understanding your rights and responsibilities under the Party Wall etc. Act 1996 is crucial.

As your Local Party Wall Surveyors provider, We offers the expert guidance and practical support needed to navigate boundary wall disputes smoothly and efficiently.

What Is a Boundary Wall Dispute?

A boundary walls dispute arises when two or more property owners disagree on the ownership, maintenance, or alterations of a wall that sits on—or very close to—the dividing line between their properties.

Common causes include:

1. Unclear Ownership: In older neighbourhoods, it can be difficult to determine which owner is responsible for a wall built decades ago.

2. Planned Alterations: One neighbor may want to make the wall higher, take down, or put up the boundary walls again. This can bring up worries about how safe the wall is, how much it will cost, and how it will look. This is true for many kinds of walls, and comes up often when taking down the wall is part of the work.

3. Maintenance Responsibilities: Over time, walls deteriorate. Disputes often occur when neighbours disagree on who should pay for repairs or upgrades.

4. Encroachment Issues: When building work extends beyond your own land, you risk encroaching on your neighbour’s property—an action that can lead to formal complaints or legal action.

If you do not deal with these problems, they can get bigger. This can lead to legal action, getting fined, or even facing criminal charges under the Act. Getting help early from a skilled party wall expert can stop small issues from turning into big fights.

Do You Need A Party Wall Agreement For Work near a boundary walls ?

Yes, you may need a party wall agreement if building work is happening around a boundary walls . A party wall agreement is a legal document that outlines the rights and responsibilities of both parties when carrying out construction or renovation work on or near a shared boundary with your neighbor.

This includes any type of work that could potentially affect the structural integrity or stability of an existing wall, such as digging foundations, excavating for a basement, or building an extension that will be connected to the party wall.

Even if you have a good relationship with your neighbor, it is important to obtain a party wall agreement in order to protect your legal rights and avoid potential disputes in the future.

It will also help ensure that any necessary repairs or damages caused by the construction work are properly addressed.

It’s important to note that party wall matters in the UK are governed by the Party Wall etc. Act 1996, which applies in England and Wales. While the Act sets out clear procedures, every project and situation is different—so it’s essential to seek advice tailored to your circumstances.

That’s why it’s always best to speak with a qualified Party Wall Surveyor, like Jason Edworthy, before starting any work near a shared boundary. It’s better to be safe than sorry—early guidance can prevent costly delays and disputes later on.

Neighbour Objections: What to Do If They Refuse Consent?

If your neighbour refuses consent or doesn’t respond to your Party Wall Notice within 14 days, this is called a dissent. It doesn’t mean your project has to stop; instead, a formal agreement known as a Party Wall Award must be prepared before work can start.

Here’s what you need to do next:

1. We are your local Party Wall Surveyor

At this stage, it’s important to appoint a qualified and experienced Party Wall Surveyor, like Jason Edworthy, who will guide you through the process and represent your interests professionally.

2. Neighbour’s choice of surveyor

Your neighbor can pick their own surveyor if they do not want to use the same one as you. This helps make sure that both you and them are treated in a fair way during the whole process.

3. Surveyor assessment and discussions

The appointed surveyor(s) will carefully assess your planned work and inspect the properties if needed. They will work together to discuss how to carry out the project while protecting your neighbour’s property and minimizing disruption.

4. Preparing a Party Wall Award:

The surveyors will draft a legal document called the Party Wall Award. This outlines the details of the work, sets out responsibilities, and includes measures to safeguard the neighbour’s property during construction.

5. Starting work legally and safely

After everyone gets and agrees to the Award, you have the legal right to start your project. It is important to follow all the rules and conditions in the Award. This will help stop any future problems or legal trouble.

6. Maintain open communication

Keeping respectful and clear communication with your neighbour throughout the process helps ease any tensions and can prevent misunderstandings or further objections.

With Jason Edworthy as your local Party Wall Surveyor, you’ll have expert support every step of the way—helping you manage neighbour objections smoothly and keep your project moving forward without unnecessary stress.