Property boundaries can often be a bone of contention between neighbouring property owners and there is often no definitive answer to the question of where exactly a boundary is. The first thought of most people seeking to ascertain their boundary accurately, is to consult the deeds to the property and view the plans. It is sadly often the case, particularly with an older property, that the plans will show only a rough outline of the plot associated with the property. Many older plans may not even show the ownership of walls or fences which form the boundaries. Some newer property plans may show the walls or fences with ownership indicated with a “T” which will mark one side of the boundary. If you can see an “H”, this is actually two “T”s joined together, meaning that the boundary wall or fence is shared by both parties and is referred to as a party wall. If your plans show that you own a wall or fence, then the boundary line of the property will be the face of that wall or fence which can be seen by your neighbour.

It is also worth noting at this point that any property registered with the Land Registry will only have the same plans of your property as the deeds to the property. Also worth noting is that, if you have owned your home from before 1990 and have not taken out a mortgage since then, your property may not even be registered with the Land Registry.

If you are planning to build a wall or an extension to your property which will correspond with the boundary of your property, it is advisable to prevent any issues from occurring, have an informal discussion with your neighbour to agree on a boundary. If necessary, apply to the Land Registry to have this registered as a determined boundary. This will have a new boundary recorded that has been agreed by you and your neighbour, the official title plan will be updated so that the exact boundary will be permanently recorded.  That will then remain as the legal boundary even if either you or your neighbour should sell your property.

Having resolved the issue of your exact boundary, it may now be necessary to inform your neighbour of any works you may be planning which would have the potential to cause harm or damage to your neighbour’s property. If you are planning to build any structure which will require the digging and establishment of foundations within 3 metres of your neighbour’s building or garden boundary wall, you need to inform your neighbour and have agreement to the work before you start work.

This would include but not be limited to work such as; rear extensions, loft conversions, damp proof course, any excavations for foundations, and removal of chimney breasts.

Under the Party Wall Act 1996, you must inform your neighbour of any work you intend to do by serving them with a Party Wall Notice at least two months before you commence work. There is a standard form for this which lays out any information you are required to give them and they must respond either giving their permission or objecting within fourteen days. If a neighbour does not respond within that time period, a reminder should be issued and if that fails to prompt a reaction then they will be deemed as having refused permission. The neighbour can of course actively refuse permission and either way, if permission is not forthcoming from a neighbour, they must then appoint a Part Wall Surveyor in an effort to resolve the dispute. You can choose to appoint your own surveyor, but since the party proposing the work very often pays the fees for both surveyors, it is best if both you and your neighbour can agree on a single surveyor and avoid the extra cost of having two surveyors.

Having been appointed, a surveyor will review the plans for the work and may ask for amendments which he or she feels will minimise any impact on your neighbour’s property. If the surveyor is unhappy with proposed works, they may refuse consent for the works, if they believe the works would pose a potential problem to the stability of existing structures. If, on the other hand, the surveyor is satisfied with the proposed works, they will give permission for the proposed work by issuing a Party Wall Award. The surveyor who issued the Party Wall Award will then inspect the completed works to ensure compliance.

If, having read the Party Wall Notice, your neighbour agrees to the work being carried out, a Schedule of Condition can be drawn up by a surveyor. This documents the state and condition of the property and structures which could be affected by the proposed works, along with photographs of the area. These can be referred to if there are any post works problems. This Schedule of Condition will be combined with the Party Wall Notice and the consent into a single, formal legal document, the Part Wall Agreement.

Conversely, if your neighbour is planning any works which could be affected by the Party Wall Act, they should then go through the process as described above, with them issuing a formal notice to get your approval, or not, as the case may be.

If works on or near a Party Wall have already started or are about to start without having been issued with a Party Wall Notice, you must then take steps to protect yourself and your property. In order to be protected by the Act, notice must be served in the manner outlined above. If the correct legal process is not adhered to, then you would have no immediate legal recourse should any damage be caused to your property. You should at that stage contact your solicitor or as a last resort, if the neighbour refuses to suspend their works and follow the procedure, consider taking out a court injunction against the neighbour to have the work stopped. The cost of that injunction would fall to your neighbour.

If the works carried out do not reflect the proposed works agreed to in a Party Wall Agreement, then new drawings should be submitted by the party having the work carried out and agreed by the other party.

In conclusion, any party planning works which is covered by the Party Wall Act, is legally bound to issue a formal Party Wall Notice to any neighbour whose property might be affected by these works and follow the correct legal process to get a Party Wall Agreement signed with that neighbour before the commencement of any works. It is also worth noting that a Part Wall Agreement would not negate the requirement to have in place any other required permissions such as planning permission or building regulations compliance.

As with all construction or installation related projects, always ensure that you check the credentials of the contractor you are about to use. Make sure they have the relevant experience, qualifications and insurances and check if they are members of a trade organisation or are on a Competent Persons Register.

If you are considering extending or altering your home, you may find some of these services useful: