Neighbour’s Extension Plans: How to Protect Your Property from Potential Damage

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by

Sean Curran
in

If you are stuck in such a situation, here is what to do.

Mr. Alistair Finch lives in a semi-detached property in the town of Oakhaven. He recently received a letter from the Oakhaven Borough Council regarding a planning application submitted by his neighbour, Mr. Liam Davies. The application is for a single-storey extension to the rear of Mr. Davies’s home.

While Mr. Finch is supportive of his neighbour’s need for more space, he is concerned after reviewing the plans online. The proposed design shows that one of the new extension walls will be built directly against the external wall of his kitchen. He is worried that if the construction is not carried out correctly, it could lead to structural problems for his own home, such as cracks or even subsidence. He is unsure whether failing to object to the planning application would waive his right to claim compensation if his property is damaged in the future.

Advice in such cases

It is crucial to understand that planning permission and your private property rights are two separate matters. The council’s planning department is concerned with issues like the development’s appearance, its impact on the local area, and whether it complies with planning policies. They are not primarily concerned with preventing potential damage to your property. Your rights in that regard are protected by a different law.

The key legislation that applies here is the Party Wall etc. Act 1996. This Act provides a framework for resolving disputes between neighbours when building work is proposed that could affect a shared wall or boundary. Not objecting to the planning application does not affect your rights under the Party Wall Act.

  • Your neighbour (the “Building Owner”) has a legal duty to serve you (the “Adjoining Owner”) with a formal Party Wall Notice before starting any work covered by the Act.
  • This notice gives you the opportunity to either consent to the works or dissent. If you dissent, a process is triggered to appoint a surveyor (or two separate surveyors) to act impartially.
  • The surveyor(s) will then draw up a legal document called a “Party Wall Award”. This document details the work to be done, how it will be carried out, and, most importantly, includes a “schedule of condition” of your property before the work starts. This schedule, complete with photos and notes, serves as a baseline record.
  • The Party Wall Award ensures that your neighbour is legally responsible for repairing any damage caused by their construction work. The cost of the surveyors is typically paid by the neighbour carrying out the work.

Applicable Sections of Law

The primary legal instrument governing this situation is the Party Wall etc. Act 1996. Key sections include:

  • Section 1: New Building on the Line of Junction. This applies where someone intends to build a new wall up to or astride the boundary line.
  • Section 2: Repair etc. of party wall: underpinning, etc. This section is relevant for works that affect an existing party wall, which includes cutting into it or attaching a new structure to it.
  • Section 6: Adjacent excavation and construction. This applies if your neighbour plans to excavate for foundations within 3 metres of your property and to a depth lower than your own foundations.

The Town and Country Planning Act 1990 governs the planning application process, but it does not override your civil rights protected under the Party Wall Act.

If you are the complainant

As the “Adjoining Owner,” you have specific rights and a clear process to follow to protect your property:

  • Do not ignore the Party Wall Notice when you receive it from your neighbour. You must respond in writing within 14 days.
  • It is often advisable to “dissent” to the notice. This does not mean you are trying to stop the work; it simply triggers the formal protective mechanism of the Act, which leads to the creation of a Party Wall Award by a surveyor.
  • You can either agree with your neighbour to appoint a single “Agreed Surveyor” to act impartially for both of you, or you can appoint your own surveyor. In almost all cases, the reasonable costs of your surveyor will be paid by your neighbour.
  • Ensure the surveyor carries out a thorough schedule of condition survey of your property before any work begins. This is your primary evidence of the property’s pre-construction state.
  • Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

If you are the victim

If your property sustains damage during or after your neighbour’s construction work:

  • The Party Wall Award will set out the procedure for resolving the issue. Contact the surveyor(s) who drew up the Award immediately.
  • The surveyor(s) will inspect the damage to determine if it was caused by the notifiable works.
  • Under the Act, your neighbour has a legal obligation to rectify any proven damage at their own expense or, if you agree, to compensate you financially so you can arrange the repairs yourself.
  • If your neighbour refuses to comply with the terms of the Award, it is enforceable in the Magistrates’ Court or County Court.

How the police behave in such cases

This is a civil matter, not a criminal one. The police have no jurisdiction over planning disputes or issues arising under the Party Wall Act. They will not intervene unless an entirely separate criminal offence occurs, such as a breach of the peace, harassment, or intentional criminal damage. The dispute resolution process is handled by surveyors and, if necessary, the civil courts.

FAQs people normally have

  • Will not objecting to the planning application prevent me from claiming for damage later?
    No. Planning permission and your rights under the Party Wall Act are entirely separate. Consenting to or not objecting to a planning application does not waive your right to protection under the Act.
  • Who pays for the Party Wall surveyor?
    The person carrying out the work (the Building Owner) is responsible for the reasonable professional fees of the Adjoining Owner’s surveyor.
  • What if my neighbour starts the work without serving a Party Wall Notice?
    They are in breach of their statutory duty. You can apply to the court for an injunction to stop the work until the proper procedure under the Act is followed. You would also be able to pursue a claim for any damage caused through the civil courts.

What evidence is required?

  • A copy of the Party Wall Notice served by your neighbour.
  • The Schedule of Condition report, including detailed photographs and descriptions of your property before the work commenced.
  • The signed Party Wall Award.
  • Dated photographs, videos, and any expert reports (e.g., from a structural engineer) detailing any damage that has occurred.
  • All written correspondence between you, your neighbour, and the surveyors.

How long will the investigation take?

This is not a formal “investigation” but a structured process. Agreeing on a Party Wall Award typically takes a few weeks to a couple of months, depending on the complexity of the works and the level of cooperation. If damage occurs, the time taken to resolve it depends on its severity and the surveyor’s assessment. Most issues are resolved efficiently through the surveyor, but a refusal to cooperate can lengthen the process and may require court action.

Advocate Sudhir Rao, Supreme Court of India

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